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Full text of "The colonial history of the city of San Francisco : being a synthetic argument in the District Court of the United States for the northern district of California, for four square leagues of land claimed by that city"

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No. 536 Clay Street, opposite Leidesdorff. 



ttencrof t Library 


IT is hoped that the title given to this volume will not be con- 
sidered pretentious, when it is stated that it resulted from an after- 
thought, based upon the following considerations : The discussion of 
the case was thrown into a narrative form, for the reason that 
although often treated analytically with great ability, and with a 
conclusive result, still a class of persons has existed ever ready to 
resist the conclusions of the argument by the cry : " There was 
never any Pueblo of San Francisco !" thus endeavering to evade 
the result by forcing a re-examination of the main fact in the case. 
A chronological narrative, weaving into itself in their appropriate 
places the organization and acts of the PUEBLO, and its constant 
and often repeated recognition by the executive, the Legislatures, 
and the citizens of California, both before and after the conquest by 
the Anglo-Americans, seemed the appropriate and only means of 
silencing this clamor, and of utterly and forever establishing the 
indisputable fact of the existence of the PUEBLO, in such a manner 
that whoever hereafter shall assume to deny it will render himself 
ridiculous. When the work was nearly finished, the suggestion 
occurred that it was too valuable to be thrown as a mere waif upon 
the stream, as law-briefs and other pamphlets commonly are, and 
that whatever its merits or deficiencies in point of execution, the 
narrative, with its documents entitled ADDENDA, were not without a 
permanent value as the first essay towards the " Colonial History 
of San Francisco." It has therefore been honored with a title page, 
received an appropriate title, and been elevated from the low estate 
of a pamphlet to the dignity of a book. The documents in the 
Addenda contain precious materiaux pour servir, and present a 
view of the wise and beneficent colonial policy of Spain and Mexico, 
which will repay the study of the historian, the ethnologist, and the 


THE narrative proper contains one hundred and eight pages, and immediately 
afterwards is placed the ADDENDA with a paging of its own, and each document 
designated by its number in Roman numerals. The Addenda are cited each by its 
number, to which is generally added the page of the Addenda to which reference is 

f w 







1. This is a claim by the City of San Francisco for four leagues 
of land, including the present site of the City, and the lands immedi- 
ately adjacent sufficient to make up that quantity. The law and the 
facts upon which this claim is based are stated in the two following 
propositions : 

"FIRST: On the seventh day of July, in the year 1846, and long 
" before that time, a Hispano-M exican PUEBLO or town existed within 
" the northern limits of the present City of San Francisco. 

" SECONDLY : That this PUEBLO or town, by virtue of the ancient 
" and immemorial laws of Spain, and of the modern laws of Spain and 
"Mexico, was vested in proprietorship, in trust for the inhabitants 
" thereof, with four leagues of land, including the said PUEBLO or 
" town, and the lands in the immediate vicinity of the same. 


" THIRDLY : That the said four leagues of land are to be determined 
" by taking all the land included by the natural tide-water boundaries 
" of the northern portion of the peninsula upon which the present City 
" of San Francisco is situated, and proceeding within those natural 
" boundaries south to a parallel of latitude, which, with those natural 
" boundaries, shall, when surveyed according to the Spanish and Mex- 
" ican lands, include the full quantity of four square leagues." 

These three propositions will be discussed together. 

The United States, on the other hand, insist that there was never 
an organized PUEBLO of San Francisco ; that an attempt was made to 
convert the neighboring Catholic Indian Mission of Dolores into a 
PUEBLO, but that it was never accomplished. 


2. The discussion of this case cannot be confined to the presenta- 
tion of a few sharply-defined propositions. The history of the whole 
country of California is involved in that of the City of San Francisco. 
It will be remembered that the proposition of the United States is, 
that there never was a PUEBLO or organized town of San Francisco, 
and thfct the claim of four leagues of lands for such PUEBLOS is a 
modern invention, never heard of among the Hispano-Californian 
population, nor among the Anglo-Americans until within the last few 
years. On the other hand, it is contended, on the part of the City of 
San Francisco, that there was here a PUEBLO of San Francisco fully 
organized and in operation in its Political and Municipal capacity, and 
that to this PUEBLO or town, AS SUCH, and without any special grant 
for that purpose, belonged four leagues of land, including its site, and 
the lands adjacent to it. To demonstrate the facts which sustain these 
last propositions requires an extended historical disquisition, detailing 
the origin and progress of the SPANISH LAWS OF COLONIZATION 
which have from time to time been in force in California, their gradual 
development and improvement, and their application to the colonial 
establishments which grew up under them. It will require a critical 
sketch of the development, decline and final extinction of the plan of 
CATHOLIC MISSIONS among the Indians of California ; of the system 
of PURE PUEBLOS; and of the military establishment of PRESIDIOS 
which were finally converted into PRESIDIAL-PUEBLOS. But before 
entering into this argument, it will be well to ascertain with precision 
the definition of certain terms which will be frequently employed in 
ithe discussion. 


3, No portion of history is more interesting than that of the rise 
-and development of modern Municipalities or Communes, or, in the 
better understood American terms, ORGANIZED VILLAGES, CITIES or 
TOWNS. At the same time no portion of history is more obscure. 
While it is evident that MODERN COMMUNES originated in the instinct 
of association and protection among the weak against the strong, the 


indigenous conquered serf against his robber lord, and became salient 
points of reaction for the democratic element in society against the 
aristocratic, still the time, place and exact circumstances under which 
they were formed cannot be definitely ascertained, and are even diffi- 
cult of conjecture. As the darkness of the middle ages recedes before 
the dawn of the new civilization, the modern commune EMERGES from 
the obscurity, perfect and mature, but with unknown antecedents. It 
is only until lately that history has busied itself with these democratic 
organizations: formerly they were beneath its notice. It is highly 
indicative of the small value attached to the municipal institutions 
which lie at the base of the liberties of the British races, that in the 
histories of the English law, written by Hallam, Reeves, Crabbe, and 
Blackstone, we find no account whatever of the rise and development 
of the English COMMUNE, although the House of Commons (communes) 
has for more than a century and a half been the most powerful branch 
of the British Legislature. Robertson was the first writer of eminence 
who considered the subject worthy of his research and illustration ; 
Guizot and Thierry have exhausted the subject. Robertson's Charles 
V, Vol. 1, Proofs and Illustrations Notes XVI-XX; Guizot Hist, de 
la Civilization ; Thierry, le tiers-Etat ; Maddox, Firma Burgi, and 
Merlin, Questions de Droit, titres Commune et Communaux ; may 
be consulted with interest and profit by the archaeologist, and even by 
the general reader, but the present discussion does not demand any 
critical research of that nature. 


4. As Spain was the kingdom under whose laws was first built 
up, codified and published a complete system of civilized and Christian 
law [LAS SIETE PARTIDAS, enacted by Don Alfonso X in 1260,] so 
it was the country where the COMMUNES, whether called cities, villas, 
or towns, first obtained a representation in the Cortes, the National 
Legislature. The Hispano-American Communes are legitimately 
descended from those of Spain, but although resembling them in many 
features, yet in others they differ from them almost as widely as it is 
possible for two species of the same class of plants or animals to differ 
from each other. Guizot specially notes this great difference between 
the colonies of Greece and Rome and those of modern Europe, that 
the founders of the former carried with them and planted in the new 
colony the political distinctions of class, and the social distinctions of 
rank, so that the new city was a complete copy of the parent one ; 
while the modern communes were all pure democracies, or nearly so. 
But the European commune, translated across the Atlantic, experienced 
the same enfranchisement which has attended most other civilized insti- 
tutions in the like transit. If we bear in mind that the Hispano- 
American colonies or pueblos w r ere communes entirely sui generis, 
built up from an uniform basis, perfectly resembling each other in all 
their features, and wholly emancipated from the irregularities, uncer- 


tainties, and servitudes which deformed European communes, and even 
prevented them from attaining the dignity of a System, we shall com- 
prehend in the outset why so little of the law applicable to the PUEBLOS 
of Spain will be of use to us in this discussion, and also avoid the 
bewildering labyrinths of useless law-learning. For example : suppose 
a dozen European communes, each a city of refuge from the exac- 
tions of titled robbers, had established themselves in fact upon 
certain lands, one holding the lands occupied by it as its own in full 
property ; another holding the same description of lands under a mere 
nsurpment ; another in common with the neighboring lord; another 
in common with the adjoining bishop, or monastery, or convent, or 
church ; and others holding the same kind of property in trust for all 
comers ; what uniform rule of property, what system, could be evolved 
from such an aggregation of exceptional cases ? Happily when we 
come to the Spanish Pueblos established in America, we shall find 
a Perfect System of Homogeneous Pueblos, sometimes differing in 
rank, but never in kind, or in organization. 


5. A serious difficulty in arguing the case arises from the fact 
that it has repeatedly been decided by the Supreme Court of the State 
of California. It could not be expected that land litigation should not 
attend the sudden growth of the City of San Francisco. Accordingly, 
the Supreme Court of the new State was called upon in the first year 
of its existence, to decide whether the Hispano-American town of San 
Francisco had such a proprietary interest in the lands lying within its 
limits as to constitute a source of title. This question was before that 
tribunal for several years, with various elucidations and solutions, until 
finally, in the year 1860, in the case of Hart vs. Burnett, 15 Cal. Rep. 
530, it was decided in the affirmative, after such thoroughness of 
research and force of argument as to render it almost impossible to 
treat the question again in a purely forensic manner. I propose, there- 
fore, to discuss the case in another manner, and to weave the proofs and 
illustrations into a chronological narrative of the HISTORY OF THE 
PUEBLO OR TOWN OF SAN FRANCISCO ; and I hope in this manner 
to construct a SYNTHETIC ARGUMENT which shall lead conclusively to 
the same result that is reached by the admirable ANALYSIS in the 
case of Hart vs. Burnett. 


6. I shall rely almost entirely on documentary evidence, and shall 
make little use of parol testimony, except to show the loss of documen- 
tary evidence. The testimony of Hispano-American s has been found 
to be proverbially unreliable for many reasons, and under no circum- 
stances could stand in the face of authentic official documents. That 
most of the authentic official documents relating to the history of San 
Francisco, have been lost, is too well established by the testimony, botk 


documentary and parol. Among the documentary testimony is an orig- 
inal aflthentic document, annexed to the testimony of R. C. Hopkins, 
as Exhibit No. 1, containing an "inventory of all the documents con- 
" tained in the Archives of the Juzgado of San Francisco de Asis," 
from the year 1829 to 1839, during which period the Ayuntamiento of 
San Francisco was organized, and finally superseded. Hardly any of 
these documents are to be found. They are not in the custody of the 
Mayor or of the City Clerk ; they are not in the City Archives ; a few 
have been produced from private hands ; and only a few are in the Cal- 
ifornia Archives. See testimony of R. C. Hopkins, keeper of the 
California Archives ; of A. F. Teschemacher, Mayor of San Fran- 
cisco; of J. W. Dwinelle. In the California Archives the official cor- 
respondence of the Governors of California from about 1834 to 1839, 
the most interesting period of the history of the Pueblo of San Fran- 
cisco, is wanting. See R. C. Hopkins's testimony, ut supra. When- 
ever a trace has been found in this inventory of a document of pecu- 
liar interest in the case, and which from its nature must have shed light 
upon the points to be investigated, in almost every instance it has been 
found that this document could not be found either in the archives, or 
any where else. See testimony of Hopkins and Dwinelle. That the 
government itself is answerable for this loss of documents, is very 
easily demonstrated. On July llth, 1847, a few days after the Amer- 
icans took possession of San Francisco, Lt. J. S. Misroon, U. S. Navy, 
dating from Yerba Buena, reports that he had visited the Mission of 
Dolores, and adds : 

" A collection of public documents was made and carefully brought 
"to town, where they were packed, sealed, and superscribed, by Mr. 
" Leidesdorff and myself, and witnessed by Don Andres Hoepender, 
" (sealed with the consulate seal), and placed in the Custom House un- 
" der charge of Military Commander Watson, subject to such disposi- 
" tion as you may be pleased to make." Executive Document, 2d Ses- 
sion 30th Congress, Vol. I, pages 1021, 1022. And J. B. Montgom- 
ery, the Commander U. S. Navy who took the town of San Francisco 
for the Americans, under date of July 20, 1846, reports to his superior : 

" I sent an officer on Friday to the rancho of Don Francisco Guer- 
" rero, late sub-prefect of this department, who came in on the summons, 
" and having delivered the papers of his department, which appeared 
" to be of little importance, was permitted to return on his parol of 
" honor not to go beyond the limits of this district without my pass- 
" port ; neither to instigate, take part in, or in any way to countenance 
" movements or designs against the existing government or peace of 
"the country." Exec. Doc. as above, pp. 1029^ 1030. That the Uni- 
ted States Government thus got possession of the archives of the Mis- 
sion and of the Sub-Prefecture of the Juzgado of San Francisco, thus 
appears very clearly. That the documents thus obtained were the very 
documents most needed to elucidate the history of the Pueblo of San 
Francisco, is very evident from the inspection of the document Exhibit 
No. 1, annexed to the testimony of R. C. Hopkins, as above mentioned. 
What has become of these documents ? Where are they ? We trace 


them into the possession of the Government ; what has the Government 
done with them ? Happily the existence of the PUEBLO can be ctearly 
and indisputably established by the authentic original documents which 
have not been lost or mislaid, many of which we have discovered and 
produced for the first time in evidence. The most important and inter- 
esting of the proofs and illustrations in the case are printed and an- 
nexed to this argument under the designation of ADDENDA. They are 
published in full, because their purport could not be easily understood 
from selected extracts; and their length is amply compensated by their 
value, especially since it is graphically asserted in these latter times 
that the claim of Hispano-American Pueblos to four leagues of land is 
" a new pretense never heard of until since the conquest of California." 
These documents will ever remain monuments of the wise and pious 
benevolence which characterized the Colonial Policy of Spain. The 
original Spanish has been interjected in many phrases which are made 
the subject of comment. Many of the translations are absolutely gro- 
tesque in their solecisms and want of accuracy, frequently obscuring, 
and often reversing the sense of the original ; but these are the trans- 
lations which both suitors and the United States were formerly obliged 
to accept at the hands of some of the official translators, who, it is to 
be hoped, understood Spanish, for they certainly did not understand 
English. These remarks do not apply to the early translations fur- 
nished by Hartnell, Halleck, and some others, which are admirable, 
although sometimes liable to criticism when we descend from generic 
to specific terms. 


7- Before proceeding to the argument of the case, it is necessary 
to define certain terms which will be of frequent recurrence, and some 
of which have no exact synonyms in the English law. I shall make 
my own definitions, giving my authority for each of them, reserving, 
of course, to my opponents the right to criticise, to invalidate, and to 
destroy them. As I have chosen a synthetic form for my argument, I 
shall make no excuse for following that form in all its exigencies, 
among which I include those of definition. Says Locke : " Before 
" entering into a discussion, be sure that you and your opponent are 
" agreed as to the meaning of the terms employed, for I have known 
" persons engaged a full ten days in discussing topics, and have finally 
" found that they were perfectly agreed, only that they differed in the 
" meaning of the terms employed." 


8. Sometimes the Mexican Republic was under a Federative 
Constitution, and then the Californias were called DEPARTMENTS, a 
designation corresponding to the TERRITORIES of the United States; 
at others, the Constitution of Mexico was centralized, and then, also, 
the Californias were called DEPARTMENTS. Each Department was 
divided into Districts ; and each District into two Partidos. Under 


either form the actual division of the Californias was the same. A 
Prefect presided over the District, and a Sub-Prefect over the Partido. 
See Constitutional Laws of 1821 1822 ; Constitutional Laws 1836, 
ADDENDA No. LXIX, page 100. Leyes Vigentes, 45. 


9. The term PUEBLO answers to that of the English word Town, 
in all its vagueness, and all its precision. As the word town in English 
generally embraces every kind of population from the Village to the 
City, and also, used specifically, signifies a town " corporate and politic," 
so the word PUEBLO in Spanish, ranges from the hamlet to the city, 
but, used emphatically, signifies a town " corporate and politic." San 
Jose was a pure pueblo, organized as such ; so was Los Angeles, until 
raised in 1835 to the rank of a city. (Recopilacion de Arrillaya, A. 
D. 1835, p. 189.) We contend that San Francisco was a PUEBLO 
especial, a body politic and corporate, or quasi-corporate, thoroughly 
organized as a politico-economical Municipality, and the word PUEBLO, 
employed without any restriction, is used in this sense in this argument. 
At the same time the word PUEBLO was often used, and will often be 
found used in the documentary evidence in this case, in the sense of 
village. Thus the miserable, abandoned, forfeited Indian hamlet at 
the Mission Dolores, is sometimes called " Pueblo of Dolores," which 
is an instance of the application of the word in its generic sense of set- 
tlement. The Spaniards preferred the word LUGAR to that of PUE- 
BLO. The Hispano- Americans commonly used the word PUEBLO, 
probably because the American PUEBLOS differed so much from the 
Spanish LUGARES, as we have before shown : the variation in the 
terms denoted the specific varieties of members of the same general 
family, and the word PUEBLO as used in America, denoted one of the 
emancipated, homogeneous, American PUEBLOS which owed their exis- 
tence to the experience, wisdom, piety, and bounty of the Kings of 
Spain. See ante 2 to 5 of this argument. 

But, without some further distinctions, we shall mislead ourselves. 
A PUEBLO manifested itself in various ways. It had a political juris- 
diction, embracing all the legal voters, within a certain territory. It 
had a judicial jurisdiction: "by 'termino Jurisdiccional,' Jurisdiction, 
" ' Partido,' or ' Distrito/ -is understood all that is comprised within the 
" limits to which the jurisdiction of the Alcalde or Judge of the Pue- 
"blo extends." Governor Gutierrez, Jan. 25, 1836, ADDENDA No. 
XXXIII, page 51, 3d 1[ from the foot. It had also a proprietary 
existence, embraced in the phrase " termino municipal," " fundo legal," 
" the lands owned by the corporation :" " that land which has been 
"assigned to the PUEBLOS for the relief of their herds, within which 
"neither the cattle nor inhabitants Of neighboring PUEBLOS can enter, 
" for the purpose of grazing or cutting wood, without being denounced, 
"[prosecuted?] unless they have some letter of commonalty." Gov- 
ernor Gutierrez, Jan. 25, 1836, ADDENDA No. XXXIII, page 51, 2d 1[ 
from the foot. So far as the documentary testimony throws any light 


on the subject, the political and judicial authority of the pueblos seems 
to have extended to the same district or territory, and the proprietary 
ownership to have been restricted within narrower limits, namely, to 
the four leagues of land belonging to the pueblo, the " termino munici- 
pal." We shall see, in the course of this argument, how far these dis- 
tinctions are justified and maintained. 


10. The PROPIOS were such lands, houses, or other property of 
cities and pueblos as were rented, and the proceeds thereof applied to 
the payment of municipal expenses. Salva, Die. Esp.; Escriche, Die. 
de Legis. in verbo. ARBITRIOS, as applied to cities and pueblos, are 
taxes, licenses, and other impositions laid upon certain trades, occupa- 
tions, pursuits, conveniences and luxuries, in order to defray the muni- 
cipal expenses. Escriche, Die. de Legislacion ; Salva Die. Esp. in 
verbo. Febrero Mejicano, vol. 1, pp. 304, 30.5, etc. Escriche says : 
" This property is a part of the patrimony of the Pueblo, and is ad- 
" ministered by the Ayuntamiento, or a special board established for 
" that purpose : estos bienes patrimoniales del Pueblo se llaman Pro- 
" pios yse administran por el Ayuntamiento 6 una junta especial estab- 
" lecida al intento :" in verbo Bienes concejiles. Says Governor Gutier- 
rez, over the date of January 25th, 1836: " The terrenos de Propios 
" are lands assigned to the Ayuntamiento, so that by leasing them to 
" the best bidders, for a term not exceeding five years, they may de- 
" fray their expenses by the proceeds ; and the Ayuntamiento may 
" propose the amount of rent, mentioning it in the petition which is 
" presented." See ADDENDA, No. XXXIII, page 51, last IT on the 


11. SUERTES were the cultivable lots of land granted to colo- 
nists in California, near the Pueblos, and within the four leagues as- 
signed to the Pueblo. Each SUERTE is defined by the Regulations of 
Colonization of Felipe de Neve of 1779-1781, to consist of two hun- 
dred varas in length, and two hundred in breadth. See ADDENDA, No. 
IV, 5, page 4. The Spanish vara or yard, is 33 inches long. In the 
Plan of Tepic, A. D.. 1789, the suertes are designated as being 
200 X 400 varas. See ADDENDA, No. VII, Art. 14, page 13. But 
their area is of no consequence ; it is sufficient for our present pur- 
pose, that they were tracts of cultivable lands granted to colonists. 
SOLARES, [Solum, area, Salvd,~\ building lots, granted to colonists, and 
which were to conform to a precise plan, and to the designated squares 
and streets. Regulations of Felipe de Neve of 1779-1781. ADDENDA, 
No. IV, 4, page 4 ; Plan of Pitic. ADDENDA, No. VII, Art. 8, page 
12. The word sitio originally meant only a " place," "situ" and when 
a person petitioned for a " sitio of land," he was understood to ask for 
a "place " to live upon. But afterwards it came to have a more spe- 
cific meaning : a " sitio de ganado mayor, a sitio of large (neat) cat- 
tle," signifying a square of 5,000 Spanish varas, or yards ; and a " sitio 


de ganado menor of smaller cattle sheep, etc." signifying a square 
of 3,3331 Spanish yards. Exec. Doc. 1st Sess., 31st Cong. Doc. 17, 
page 145. But "sitio," without any qualification, is generally under- 
stood to signify a square league of land, and will be so used in this 



12. The word Ayuntamiento is best rendered by the English 
term Common Council, [commune Council,] to which it exactly corres- 
ponds. If we restore the word to its barbarous Latin etymology, adjun- 
gamentum, its force becomes at once apparent. " AYUNTAMIENTO : el 
" congreso 6 junta compuesta de la justicia 6 alcalde regidores y demas 
" individuos encargados de la administration 6 gobierno economico-po- 
" litico de cada pueblo. Suele llmarse tambien rejimiento, cabildo, con- 
" cejo, municipalidad y cuerpo municipal. Escriche Die. de Legisla- 
" cion, in verbo. Ayuntamiento : the body or legislature composed of 
" the justice, or alcalde, the regidores, and the like persons who are 
" entrusted with the administration or politico-economical government 
" of each pueblo. It is also called Regimiento, [decurionum consessus ; 
" Salva] Cabildo, [Senatus inunicipalis ; Salva;] concejo, [council;] 
" Municipalidad, [Municipality ;] y cuerpo municipal, [municipal 
" body.] Salva gives the term the same substantial definition, and 
adds the Latin definitions : Congressus, Senatus, Coetus. 

REGIDOR, a common Councilman ; an Alderman. " Cada uno de 
" los individuos del Ayuntamiento encargados del gobierno economico 
" de los pueblos. Decurio. Each of the persons belonging to the 
" Ayuntamiento who are entrusted with the economical government of 
" the Pueblos." SALVA Die. Esp. in verbo. 

" PROCURADOR SINDICO. El sugeto que en los ayuntamientos 6 
"concejos tiene el cargo de promover los intereses de los pueblos, 
"defiende sus derechos, y se queja de los agravios que se les 
"hacen. Tiene asiento en los ayuntamientos. Procurator syn- 
" dicus, municipii tribunus. Procurador sindico : the person who 
"in the Common Council is charged with promoting the interests 
"of the Pueblos, defending their rights, and complaining [remedy- 
"ing by suit] public injuries when they occur. He has a seat 
"in the Common Council." SALVA, Diccionario Espanol'in verbo. 
The functions of Procurador really answered to Fisc and City Attorney. 
So here we have Ayuntamiento, or Common Council ; Regidores, 
Council men or Aldermen ; and Procurador Sindico, or City Attorney, 
and Fisc, in exact correspondence to the organization and officers 
of an American or English Municipality. But it will be observed 
and hereafter shown, that although a PUEBLO could not have its 
Ayuntamiento, Councilmen and Attorney, without being fully organ- 
ized and entitled to all the rights of a Pueblo, yet the converse was 
not true, and a Pueblo might be fully organized, and entitled to all the 
rights, political and proprietary, including its four square leagues of 


land, without having an Ayuntamiento. Or, it might have an Ayun- 
tamiento, and lose it, without losing its political or proprietory rights, 
for the basis upon which an Ayuntamiento rested was that of popula- 
tion ; a basis often numerically changed by positive law, and often 
shifting from various causes. See 47, 89 to 92 of this argument. 

" MUNICIPALIDAD. Vos que va introduciendose sin necesidad en 
"lugar de Ayuntamiento 6 Concejo a word which is unnecessarily 
" getting itself introduced in place of * Common Council.' " SAL VA, 
Die. Esp. in verbo. 


13. " BIENES CONCEJILES Los que en cuanto a la propiedad 
" pertenecen al comun 6 concejo de una ciudad, villa 6 lugar, y en 
" cuanto al uso a todas y cada una de sus vecinos ; como las fuentes, 
"montes, dehesas, pastes, etc. Partida 3, tit. 28, Ley. 9. TOWN 
" PROPERTY. That which in respect of ownership belongs to the pub- 
" lie or council of a city, villa, or town, and in respect of its use belongs 
"to every one of its inhabitants, such as fountains, woods, the pas- 
" tures, etc." Escriche, Die. de Legislacion, in verbo. " Town Prop- 
erty," is the English synomym which both popularly and logically in- 
cludes the definition. 


14. EJIDOS or EXIDOS, [Exitus, Salva, Die. Esp.] The vacant 
suburbs of the PUEBLO. Our English word commons well translates this 
term, and I should employ that word exclusively were it not that it 
seems to have misled some of our early translators, who, with a stupid- 
ity which seems almost malicious, have translated ejidos by " common 
lands," as if it included the pasture grounds of the PUEBLO, as well as 
the "commons." Instances of this mistranslation will occur in many 
of the documents in this case which both parties have been compelled 
to accept at the hands of the official translators. But it simply means 
the vacant suburbs, and nothing more. Says Governor Gutierrez, in 
1836 : " By Ejidos, are understood lands that are immediate to and in 
" the circumference of the Pueblo, which serve both for the relief and 
" the convenience of the inhabitants, who may keep therein a few 
" milch cows and horses for their use, and to form walks or alleys which 
" may adorn the entrance of the place, so that the ejidos may have a 
" quarter or half a league around the town, which is sufficient for its 
" ventilation, and the Ayuntamiento may dispose of these lands for 
"building lots, [solares.]" See Expediente of the Presidial-Pueblo of 
Monterey, respecting its Ejidos, or Suburbs. ADDENDA, No. XXXIII, 
page 52, If 2d. ." EJIDOS El campo 6 tierra que esta a la salida del 
" lugar, y no se planta ni se labra, y es common para todos los vecinos. 
" Viene de la palabra latina exitus que significa salida. Los ejidos 
" de cada Pueblo estan destinados al uso comun de sus moradores : na- 
" die por consiguiente puede apropiarselos, ni ganarlos por prescripcion, 
" ni edificar en ellos, ni mandarlos en legado. EJIDOS : The field or land 


" which is at the exit of the town, and can neither be planted nor cul- 
" tivated, and is common to all the citizens. It comes from the Latin 
" word exitus, which signifies the exit, or suburbs. The ejidos of each 
" Pueblo are designated for the common use of its inhabitants : conse- 
" quently no one can appropriate them, nor acquire them by prescription, 
" nor build on them, nor devise them." Escriche, Die. de Legislacion, 
in verbo. These ejidos are recognized in the Regulations of Felipe de 
Neve, 1779 1781. ADDENDA, No. IV, 4, page 4, and receive the 
same definition above given, in the Plan of Pitic, 1787. ADDENDA, 
No. VII, Art. 11, page 13. They were, therefore, a portion of the 
most inalienable patrimony of the Pueblo; they could be alienated 
only for the purpose of granting solares, or building lots, as Governor 
Gutierrez says above, and this only from absolute necessity, for the 
growth of the Pueblo would otherwise be circumscribed. By Law 13, 
Title VII, Book IV, of the Leyes de los Indias, each Pueblo was 
entitled to have its ejidos assigned out of its domain. This peculiarity 
of the vacant suburbs often appears in comparative jurisprudence. On 
this subject we can consult with interest and profit " Le Recueil Alpha- 
betique de Questions de Droit," par Merlin, Tome III, page 396, aux 
titres COMMUNE et COMMUNAUX, (biens,) for a resume of the French 
jurisprudence on that point, which, it may well be presumed, has 
repeated itself throughout all modern Europe. The same inviolability 
was early recognized in the Hebrew theocracy : " the field of the sub- 
urbs of their cities may not be sold ; for it is their perpetual possession." 
Leviticus 34. 

These PUEBLOS were usually called Pueblos de Espanoles Spanish 
Pueblos, or Pueblos de gente de razon Pueblos of People of reason 
to distinguish them from those of the Indians, who were not supposed 
to have that faculty. Concerning Indian Pueblos, see 17 of this 


15. The Dehesas were the great Pasture grounds where the 
large herds of the Pueblos roamed and grazed. An attempt has been 
made to confound them with the Ejidos (respecting which see ante 
14), and "ejidos y dehesas" are often translated in one phrase as 
" commons " or " pasture grounds." But dehesa receives its definition 
in the Plan of Pitic (see ADDENDA No. VII, Art. 13, page 13, where 
it is designated as u la dehesa 6 Prado Boyal "Pratum bovinum 
the GREAT HERD PASTURE. In this same article it is also contradis- 
tinguished from the ejidos : " los ejidos y a la dehesa, the ejidos and 
" the dehesa." In the Regulations of Felipe de Neve, the same contra- 
distinction is observed : " exido competente para el pueblo, y Dehesas ; 
" ejidos and dehesas ;" 4. See ADDENDA, No. IV, 4, page 4, and 
in 8 of the same we have again " exido y dehesa." As we proceed 
in the course of this narrative we shall find that ejidos has often been 
translated " commons, common property and landed property ;" that 
" dehesas " has often been rendered by the same terms, and " ejidos y 
" dehesas " again translated by the same terms, as if they were equiva- 


lent. But as we have seen, ante 13 and 14 and in this section, 
although both these terms were generically included in " commons," 
" landed property " and " town property," yet specifically they were 
different. Ejidos being those commons or vacant suburbs at the exit 
of the Pueblo which could never be sold, and dehesas the great cattle 
pastures in which the inhabitants had a right of commons, but which 
the Government could dispose of, which the Government at one time 
did order to be sold, and the greater part of which belonging to the 
Pueblo of San Francisco, the Government did actually grant to set- 
tlers, while at the same time the ejidos were positively forbidden to be 
granted or sold. See ADDENDA, No. XI, page 20, 1, etc. By Law 
14, Title VII, Book IV, of the Leyes de las Indias, each Pueblo was 
entitled to have its dehesas assigned.* 


16. Assuming that a Pueblo was entitled to four leagues of land, 
these lands were capable of being divided into several portions, each 
assigned to its respective uses. FIRST, the site of the town proper, 
including the public square and streets, the building lots fronting on 
them, and the propios to be rented for public revenue. De Neve's 
Regulations, ADDENDA, No. IV, 4, page 4 ; Plan of Pitic, ADDENDA, 
No. VII, Art. 8, page 12. SECONDLY, the vacant Suburbs, or Ejidos, 
lying next to the Pueblo. See Ejidos, ante, 14. THIRDLY, the 
Suertes or sowing grounds granted to each inhabitant. See ante, 11. 
FOURTHLY, the Dehesas, or Great Cattle Pasture, lying beyond. See 
Dehesas, ante 15. Common, everywhere, were the Montes y Aguas, 
the woods and waters. But although these four leagues might be thus 
divided, I do not find in the original law granting them to the Pueblos, 
nor in any subsequent enactment, any provisions imposing a forfeiture 
of the lands in case this division was not made. In fact the division 
depended upon the convenience of the Pueblo. It might or might not 
be made. But still the four leagues of land belonged to the Pueblo. 

* NOTE. DEHESAS. We read in Catullus, LXXXII : 

" Cftommoda dicebat, siquandp cpmmoda vellet 
Dicere, et Atnsidias Arrius iiisidias. 

Ionics fluctus, postquam iliuc Arius isset 
Jam non lonios esse sed Hionios." 

The introduction of the aspirate by the Latin provincials, the supplanting of a letter 
by the aspirate, and the final softening and disappearance of the aspirate itself, with the 
substitution of cognate letters, will solve many etymological mysteries in French and 
Spanish. Thus CABALLUS, cftaballus, coeval. CASA, cfoisa, chez. PILLUS, fhilio, 
hilio, hijo. CONCILIUM, concilio, concejo. CABALLUS, caballo, cabayo, cavayo. But 
dehesas presents an unusual modification of the original word : DEFENSAS, def&ensas, 
dehesas, and sometimes deesas. Our English word " fence " is of the same etymology 
as dehesas. Says Escriche, Die. Razonado de Legislacion : " Dehesa viene del verbo 
" latino defenders gue significa defender 6 prohibir" "It comes from the Latin word 
defenders, which signifies to defend or prohibit." This was because neighboring pro- 
prietors were prohibited to pasture their flocks on the dehesas. 


17. By the term Comunidad Community, as used in the Spanish 
and Hispano-American law, I understand to be primarily designated a 
" body or congregation of persons who are united under certain consti- 
" tutions or rulers, such as convents, colleges and other similar bodies : 
"la junta 6 congregacion de personas que viven unidas bajo ciertas 
" constituciones y reglas, como los conventos, colegios, y otros cuerpos 
" semejantes." Escriche Die. Razonado de Legis., et Jurispr. in verbo 
comunidad. In England, where religious communities have for the 
greater part been abolished, and in the United States, where they have 
scarcely ever existed, the term community has become expanded into 
an indefinite application. But I shall insist, and hope to demonstrate, 
that in the Hispano-American law, the term " comunidad " never 
ceased to preserve its specific meaning, and was always applied to a 
body of persons living in " community " in the proper sense of the 
term. Thus we shall see that while the body of the citizens of the 
Pueblo of San Francisco was styled " the Municipality," " the Corpo- 
ration," " the Public, el comun" the Mission of Dolores was styled 
" the community, la communidad" that being the very term of law 
which defined the body of the Indian residents there, and their rights 
and relations to each other. The Indian Pueblos were of early origin. 
It was the policy of Spain, adopted as early as the year 1551 by the 
Emperor Charles V, and never departed from by his successors, that 
the Indians should be induced and compelled to live together in 
villages, this being considered the only possible condition of their 
becoming civilized. The ordinances decreed for this purpose are 
exceedingly minute and well digested, and are principally to be found 
in the Leyes de las Indies, Lib. V, titulo III. It was decreed that the 
Indians should be settled in villages ; that churches should be estab- 
lished for them ; that they should be governed by Indian Alcaldes, 
and Indian Regidores (council-men) ; that no Indian should remove 
from his own village to another, nor live outside of his own village ; 
that no Spaniard, negro, mestizo, or mulatto should live in ' an Indian 
Pueblo, even though he bought lands there ; that no Spaniard should 
sojourn in an Indian Pueblo beyond one day after the day of his 
arrival, and other like provisions of police. Ibid. It will be difficult 
to recognize any of these features in the PUEBLO of San Francisco, 
upon whose history we are about entering. The interesting fact of 
Indian Alcaldes and Indian Common-Council men will among others, 
be entirely wanting. The lands belonging to Indian Pueblos were 
called Tierras de Comunidad. 


18. The first two of these terms, which are of the same ety- 
mology, negotia EXPEDIRE signify that collection of papers or docu- 
ments which shows the despatch or expedition of a matter in hand. In 
an ordinary grant of lands the espediente, or collected documents will 
generally consist of: 

FIRST : The petition, setting out the situation, qualifications and 
claims of the petitioner. 


SECONDLY : The informs or marginal order of the Governor, direct- 
ing the respective (proper) inferior officer to inform himself and report 
to the Governor. 

THIRDLY : The report of the respective officers. 

FOURTHLY : The vista, or order of the Governor upon the report, 
so called because it almost always begins, " Vista having seen," etc., 
which contains the grant or refusal of the Governor, and the lorrador 
or rough draft of the grant, if one is made. 

FIFTHLY : Any proceeding taken afterwards by the Departmental Jun- 
ta, or Assembly, approving or disapproving the action of the Governor. 

But in relation to any proceedings, the whole bundle (or, as the 
French say) the " dossier " of all the documents relating to any execu- 
tive or administrative proceeding is called the " espediente," or as we 
say in Anglo-American English, " the Documents." Thus when the 
Ayuntamiento of the PRESIDIAL-PUEBLO of Monterey, in the year 
1836 applied to have the EJIDOS of that PUEBLO assigned, the whole 
series of documents promoted (instituted) on that occasion are called 
So when certain citizens of the Department of Upper California wished, 
A. D. 1836, to separate themselves from the jurisdiction of the Ayun- 
tamiento of the PUEBLO of San Francisco, and attach themselves to the 
jurisdiction of the PUEBLO of San Jose, the whole bundle (dossier en 
Francais) of documents relating to that proceeding is styled in Spanish, 
the " Espediente." See ADDENDA, No. XXIX, page 44, etc. " ES- 
PEDIENTE," Spanish, the bundle of papers showing how the matter 
was expedited ; the dossier in French, the papers whose endorsement 
sufficiently indicated their contents ; the " documents," as the Anglo- 
Americans expectorate the term ; the " Record," in legitimate Anglo- 
Norman English; the papers showing "what it is all about" in the 
language of the frontiers. This term will be of constant recurrence. 
The Hispano-Americans, among other traditions, had that of order, 
association, and arrangement. They attached each " document " to the 
one which immediately preceded it in its respective series. Conse- 
quently their Archives have an extraordinary reliability, always 
excepting the case of theft, or of a systematic spoliation. As this 
argument is cast in a narrative, or popular form, it does not seem amiss 
to define anew this familiar law term. 


19. Historical events, arranged and narrated in the order of 
their respective dates, follow each other in a natural logical sequence, 
and as the strength of my argument is derived from the constantly- 
recurring recognition of the Pueblo of San Francisco by all the legis- 
lative, executive, and ministerial authorities of California during a long 
period of years, I shall content myself by presenting, FIRST, a succinct 
history of the colonization of this country, and SECONDLY a specific 
history of the settlement and progress of this PUEBLO. 

The Pueblos of California originated in three different ways. FIRST, 


there were PUEBLOS which were founded as such : the Pueblo (after- 
wards city) of Los Angeles, the Pueblo of San Jose, and the Villa of 
Branciforte were of this class. 

SECONDLY : PUEBLOS which originated in the settlement of the 
PRESIDIOS, and grew up under their protection. Of these PRESIDIAL- 
PUEBLOS there were four, namely : the PUEBLO of San Diego, 
the PUEBLO of Santa Barbara, the PUEBLO of Monterey, and the 

THIRDLY: PUEBLOS which grew out of Mission establishments. 
Of these last, a few struggled into a transient existence, but under such 
circumstances as to leave the circumstances of their origin in great 
obscurity. See ADDENDA, No. LXII, page 89, 2. 



20. The plan for the colonization of California was, therefore, 
three-fold: RELIGIOUS, MILITARY, and CIVIL. 

" At the same time that the monks established MISSIONS to civilize 
" the Indians, the Governors founded military posts called PRESIDIOS, 
"and PUEBLOS (villages) composed of married soldiers and white 
" colonists who were brought from Sonora, Sinaloa, and Lower Califor- 
nia." 1 De Mofras, 261. A description of each of these establish- 
ments will show how impossible it is to confound the PUEBLOS of the 
whites with the missionary establishments founded for the christianiza- 
tion and civilization of the Indians, and particularly how distinct a 
PRESIDIAL-PUEBLO, a PUEBLO growing up under the protection of 
a PRESIDIO and becoming an off-shoot from it, was from any and 
every form of organized population which could result from either the 
success or the destruction of a MISSION of christianized Indians. 

A. D. 16421773. 


21. "In 1642, the Viceroy, the Duke of Escalona, sent into 
" Lower California the Governor of Sinaloa, with some members of 
" the Society of Jesus, to found missions there, and civilize the Indi- 
" ans." " Exploration de 1'Oregon et des Californies pendant les annees 
1840, 1841, 1842, par M. Duflot de Mofras, attache a la Legation de 
France a Mexico," Vol. I, p. 102. M. Duflot de Mofras, an attache 
of the French Legation at Mexico, was detached from that service in 
1840, by Marshal Soult, at that time President of the Privy Council of 
Louis Phillippe, for the purpose of making a thorough reconnoissance 
of California and Oregon. This work he accomplished in the most 
faithful manner, and the results, embracing the most extended and 
accurate description of California, its natural history, climatology, social 
condition, politics, legislation, and religious institutions, and containing 
even plans and soundings of its harbors, with sailing directions for 
entering them from the ocean, were published at Paris by order of the 


King, in 1846, in two volumes, 8vo., being the book above cited. It is 
a work of the highest authority, and was doubtless prepared as a hand- 
book for the acquisition of California by the French. De Mofras does 
not profess to have been in California later than 1842 ; and his work 
contains internal evidence that that year terminated his visit to that 

" In 1 683, the Admiral Atondo went to La Paz, (on the eastern 
"shore of the Gulf of California), with the Jesuit Fathers. Salva- 
" tierra and Eusebius Kino, (Kuhn) a learned astronomer from Ingol- 
" stadt. It is from the date of this epoch that the regular clergy (reli- 
" giosos) were invested with the ecclesiastical, civil, and military ad- 
" ministration of the missions. In a short time they succeeded in eon- 
" verting all Lower California, (the peninsula), and the plan which 
" they adopted will always serve as a model." De Mofras, Vol. I, p. 
103. "In 1701 and 1703, Father Kuhn made his celebrated explora- 
" tions to the north of California, and on the river Colorado. King 
" Philip V granted to the Jesuit Missions in California an annual 
"pension of $13,000." De Mofras, Vol. I, p. 104. "In 1719, Fa- 
"ther Guillen, and in 1721, Father Ugarte, extended the domains 
" of their Missions, by means of several expeditions by land in Califor- 
nia." De Mofras, Vol. I, p. 105. "In 1746, Father Consag ex- 
" plored the river Colorado, with the design of organizing other mis- 
" sions, which should render an overland route practicable from Sonora 
" to California." De Mofras, Vol. I, p. 106. 


22. The Jesuits continued to extend their geographical limits, 
and to govern their missions in the most paternal manner until the 
year 1767, when they ceded them to the Franciscans of the Royal Col- 
lege of San Fernando at Mexico. De Mofras, Vol. I, p. 106. " By 
" order of Charles III, King of Spain, the Marquis de Croix, Viceroy 
" of Mexico, and the Inspector-General (Visitador) of that Kingdom, 
" Don Joseph de Galvez, on the 25th of June, suppressed the Society 
" of Jesus, and entrusted to the Franciscan Monks of the College of 
" San Fernando at Mexico, the administration of the Missions which the 
"Jesuits up to that time had managed with so much wisdom and suc- 
" cess. The various donations and real estate which constituted the 
" ' Pious Fund of California ' passed into the hands of the Franciscans, 
" (fondo piadoso de California). Sixteen of these monks, by direction 
" of their Apostolic Prefect, the Reverend Father Junipero Serra, em- 
" barked at Loreto, Lower California,, in April, 1758. On July 16, of 
" the same year, the Inspector-General of New Spain, arrived in per- 
" son, bearer of a royal order commanding him to found a missionary 
" establishment either at the port of Monterey, or at that of San Die- 
" go." De Mofras, Vol. I, p. 255. 


A. D. 1772. 


23. But this success of a rival order excited the zeal of the 
DOMINICANS, who demanded a share of this new field of missionary 
labor ; the result of which was that the Dominicans of Mexico obtained 
a royal rescript, by which the FRANCISCANS were ordered to surren- 
der to the DOMINICANS the administration of one or two Missions. 
" The Reverend Warden of the College of San Fernando, remarked, 
" with reason, that the province of Lower California (where most of 
"the Missions were at that time,) could not be divided; that its limits 
" were well defined ; and that serious inconveniences would arise if the 
"two orders were found in competition in the same territory. He con- 
" eluded by offering to the Dominicans, in case they would take exclu- 
" sive charge of the whole province (of Lower California) from Cape 
" St. Lucas to the port of San Diego, to cede to them, together with 
" all the Missions then lately administered by the Jesuits, also that of 
" Fernando de Vellicata, and the five others which were yet to be es- 
" tablished there. The Viceroy assembled the Council, and on April 
" 30th, 1772, decreed that the above agreement should be carried into 
" effect. It was not, however, until the 1 st of May of the following 
" year, that the Dominicans entered into definitive possession of Lower 
" California, and that the Franciscans retired into Upper California, 
" where, being able to concentrate all their efforts upon a territory less 
" extensive and more fertile, they soon obtained results which command 
" admiration. At the end of fourteen years, Father Junipero, who 
"died in 1784, had already founded fifteen Missions of Indians, or vil- 
" lages of Spanish colonists." 1 De Mofras, 259. In the printed AD- 
DENDA at the end of this argument, No. LXVII, page 97, will be found 
a tabular statement of the foundation of all the Missions of Upper Cal- 
ifornia, as well as a succinct history of their greatest prosperity and 
subsequent ruin. 


24. DE MOFRAS takes as a type of the Missions, that of SAN 
Luiz REY, which was like the others in its management and discipline, 
and differed from them only in a superior architecture and extent of 
decoration. " The building is a quadrilateral. The church occupies 
"one of its wings; the facade is ornamented with a gallery. The 
" building, raised some feet above the soil, is two stories in height. The 
" interior is formed by a court. Upon the gallery, which runs around 
" it, open the dormitories of the monks, of the major-domos, and of 
"travellers; small work-shops, school-rooms, and store-rooms. The 
" hospitals are situated in the most quiet parts of the Mission, where 
" the schools also are kept. The young Indian girls dwell in the halls 
"called the Monastery (el monjero) and they themselves are called 



"nuns, (las monjas); they are obliged to be secluded to be secure from 
" outrage by the Indians. Placed under the care of Indian matrons, 
" who are worthy of confidence, they learn to make cloths of wool, cot- 
" ton, and flax, and do not leave the monastery until they are old 
" enough to be married. The Indian children mingle in the schools 
" with those of the white colonists. A certain number, chosen among 
" the pupils who display the most intelligence, learn music, chanting, 
" the violin, the flute, the horn, the violincello, and other instruments. 
" Those who distinguish themselves in the carpenter's shop, at the 
" forge, or in agricultural labors, are appointed Alcalde's, or chiefs, 
" (overseers), and charged with the direction of a squad of workmen. 
" Before the civil power was substituted for the paternal government 
" of the missionaries, the administrative body of each Mission con- 
" sisted of two monks, of whom the elder had charge of the interior, 
" and of the religious instruction, and the younger of the agricultural 
" works. In order to maintain morals and good order in the Missions, 
" they employed only so many whites as were absolutely necessary, for 
" they well knew that their influence was wholly pernicious, and that 
" an association with them only developed among the Indians those 
" habits of gambling and drunkenness to which they are unfortunately 
" too much inclined." 1 De Mofras, 261 etc. " The regulations of each 
" Mission were the same. The Indians were divided into squads of 
" laborers. At sunrise the bell sounded the angelus, and every one 
" set out for the church. After mass they breakfasted, and then went 
"to work. At eleven they dined, and this period of repose extended 
" to two o'clock, when they returned to labor until the evening angelus, 
" one hour before sunset. After prayers and the rosary, the Indians 
" had supper, and then amused themselves with dancing and other 
" sports. Their diet consisted of fresh beef and mutton, as much as 
" they chose ; of wheat and corn cakes, and of boiled puddings (or por- 
" ridges) called atole and pinole. They also had peas, large or small 
" beans, in all an ' almud,' or the twelfth part of a bushel (fanega) a 
" week. For dress, they wore a linen shirt, pantaloons, and a woollen 
" blanket ; but the overseers and best workmen had habits of cloth, like 
"the Spaniards. The women received every year, two chemises, a 
" gown, and a blanket. When the hides, tallow, grain, wine, and oil 
" were sold at good prices to ships from abroad, the monks distributed 
" handkerchiefs, wearing apparel, tobacco, chaplets, and glass trinkets 
" among the Indians, and devoted the surplus to the embellishment of 
" the churches, the purchase of musical instruments, pictures, sacerdo- 
" tal ornaments, etc. Still, they were careful to keep a part of their 
" harvest in the granaries, to provide for years of scarcity." 1 De Mo- 
fras, 263, 267. 


25. "All the PRESIDIOS were established on the same plan: 
" Choosing a favorable place, they surrounded it by a ditch, twelve 
" feet wide and six deep. The earth of the ditch served for the out- 


" work. The enclosure of the Presidio was formed by a quadrilateral, 
" about six hundred feet square. The rampart, built of brick, was 
" twelve to fifteen feet high, by three in thickness ; small bastions 
<; flanked the angles ; the Presidio had but two gates. Its armament 
"generally consisted of eight bronze cannon, eight, twelve, and sixteen 
" pounders. Although incapable of resisting an attack of ships of war, 
" these fortifications were sufficient to repel the incursions of the Indi- 
" ans. Not far from the Presidios, according to the topography of the 
i' land, was an open battery, (batterie decouverte) pompously styled 
"'the castle/ (castillo). Within the enclosure of the Presidio were 
" the church, the quarters of the officers and soldiers, the houses of col- 
" onists, store-houses, work-shops, stables, wells, and cisterns. Outside 
" were grouped some houses, and at a little distance was the ' King's 
" Farm,' (el rancho del rey,) which furnished pasturage to the horses 
"and beasts of burden of the garrison. Four coast batteries and four 
" presidios defended Upper California. Those of San Diego, founded 
"in 1769; Monterey, in 1770; SAN FRANCISCO, in 1776; and Santa 
" Barbara, in 1780. After the year 1770, the infantry in all these 
" garrisons were replaced by dragoons, called (companias de cuera,) 
" companies with leather armor. These soldiers, who formed the pre- 
" sidial garrisons of all New Spain, wore, besides their ordinary cloth 
" uniform, a sort of buckskin dress, like a coat of mail, which descen- 
" ded to the feet, and was impenetrable to arrows. They wore this uni- 
" form only when in the field, and at the moment of combat, with a 
" double visored helmet ; a leathern buckler worn on the left arm, 
" served to ward off arrows and thrusts of the lance in single combat ; 
" but, while they defended themselves with the sabre or the lance, they 
" could use neither their pistols nor their muskets. The horses them- 
" selves, like those of the old knights of chivalry, were covered with 
" leathern armor." 1 De Mofras, 279, 281. " The equipment of each 
" Presidio was a Lieutenant, with a pay of $550; a Health Officer, 
"$450; an Ensign, $400; a Sergeant, $265; a Corporal, $225; and 
" seventy soldiers at $217 each. Each soldier had seven horses and 
"a mule, kept on the King's Farm. Artillerymen were furnished 
" from the marine department of San Bias. The whole establishment 
" of Presidio and forts, including the pay of the Governor, at $4,000, 
"(behaving the rank of Lieutenant Colonel,) was 855,000 per an- 
"num." 1 De Mofras, 287. PRESIDIUM and PRESIDIO: we have 
here the vital and persistent tradition of the Roman Camp, thus plant- 
ing itself in the American wilderness, and perpetuating its name for a 
period which cannot be estimated. 


26. "The term 'Mission' includes only the collection of houses, 
" vineyards and orchards in the immediate vicinity of the churches, in- 
" eluding the stock of cattle, and other personal property in the posses- 
" sion of the priests, and useful and necessary in carrying on the es- 
" tablishments. The * Mission lands,' lands adjacent and appurtenant 


" to the Missions, used by them for grazing purposes, were occupied 
" by them only by permission, but were the property of the nation, and 
"at all times subject to grant under the Colonization Laws.," Ritchie's 
Case, 17 Howard, U. S. S. C. Rep., pages 540, 561 ; Jones' Rep., 13. 
These are the definitions and propositions of the law-Executive of the 
United States Government. But the Missionaries from the beginning 
resisted the application of this principle, and denounced as a robbery 
every attempt to convert any of the adjacent lands to private or secu- 
lar purposes. An intelligent Spanish traveler, quoted by Mr. Bryant, 
writes, in 1822, as follows: " The Missions extend their possession 
" from one extremity of the territory to another, and have made the 
"limits of one Mission form those of another. Though they do not 
"require all this land for their agriculture and the maintenance of their 
" stock, they have appropriated the ivhole ; always strongly opposing any 
" individual who may wish to settle himself or his family on any piece 
" between them. But it is to be hoped that the new system of illus- 
"tration, [enlightenment?] and the necessity of augmenting private 
" property, and the people of reason, (gente de razon, white population,) 
" will cause the Government to take such adequate measures as will 
"conciliate the interests of all." Bryant's California, page 281. These 
immoderate pretensions of the monks undoubtedly hastened, if they 
did not invoke, the project of secularization. It may appear strange 
that when it became inevitable that the lands adjacent to the Missions 
must be granted to private settlers, the Missionaries did not then 
protect themselves at once and forever, by procuring the limits of their 
lands to be fixed, and formally granted to them. The answer to this 
suggestion is, that the Missions were never intended to be permanent 
establishments. The following from the opinion of Judge Felch, in the 
California Board of Land Commissioners, in the case of the Bishop 
of California's petition for the churches, etc., at the Missions which 
were finally confirmed to him, clearly and concisely expresses the 
theory of the Missionary colonization : " The Missions were intended, 
" from the beginning, to be temporary in their character. It was con- 
li templated that in ten years fvom their Jirst foundation they should cease. 
" It was supposed that within that period of time the Indians would be 
" sufficiently instructed in Christianity and the arts of civilized life, to 
" assume the position and character of citizens ; that these Mission 
"settlements would then become PUEBLOS, and that the Mission 
" churches would become parish churches, organized like the other es- 
" tablishments of an ecclesiastical character, in other portions of the 
' nation where no Missions had ever existed. The whole Missionary 
"establishment was widely different from the ordinary ecclesiastical 
"organization of the nation. In it the superintendence and charge 
" was committed to priests who were devoted to the special work of 
" Missions, and not to the ordinary clergy. The monks of the College 
" of San Fernando and Zacatecas, in whose charge they were, were to 
" be succeeded by the secular clergy of the National Church, the Mis- 
" sionary field was to become a DIOCESE, the President of the Mis- 
" sions to give place to a BISHOP, the Mission!^ churches to become 


" CURACIES, and the faithful in the vicinity of each parish to become 
" the parish worshippers." 

This policy of the Spanish law incorporated into the Missionary 
system itself, thus forbade the assignment of the ownership of lands to 
any Mission, inasmuch as the law of extinguishment was stamped upon 
the Mission itself. Mr. William Carey Jones remarks that they were 
always " liable to be secularized, that is, their temporalities delivered 
" to lay administration ; their character as Missions taken away by 
" their conversion into secular curacies under charge of the secular 
" clergy, and the lands appurtenant to them to be disposed of as other 
"domain." Jones's Rep. 13. As early as the year 1813, the Spanish 
Cortez showed its impatience at what even then seemed the protracted 
existence of the Missions, as such, by passing a law indicating its pur- 
pose to enforce their secularization. Id. When, therefore, we read 
of lands " belonging," " heretofore belonging," or " appurtenant " to a 
Mission, we shall understand that lands are spoken of which are or 
have at some time been in the possession of a Mission, for the tempo- 
rary uses of the establishments, lands in which the Mission had an 
easement, servitude or usufruct, until terminated by some legitimate 
act of a competent superior authority. 


27. The terms " religious " and " secular " are strongly contra- 
distinguished in the Catholic Church, which distinction enter into the 
written law of Spain. A " Religious " (religioso) is one who has taken 
the habit and the vows of one of the " Regular Orders," such as the 
Franciscans, the Dominicans, the Capuchins, and the like ; hence he is 
also called a " Regular," or one of the " Regular Clergy." Having 
taken the three vows of chastity, obedience and poverty, he has re- 
nounced the world, and therefore is held to be civilly dead. For this 
reason he cannot make a contract, nor take or hold property, either by 
purchase or descent ; nor sue or be sued ; nor make a will ; nor fill any 
fiduciary or civil office. A " Secular " Clergyman, (also called clerigo) 
who has not taken these vows, is not subject to these disabilities ; he 
can contract, buy and sell ; take by purchase or descent ; make a will ; 
and hold fiduciary and civil offices. He therefore has still a hold upon 
" secular " or worldly matters ; hence the term " secular." A thing is 
also said to be " secularized " when it is changed from an " ecclesias- 
tical" use, purpose, or control, to a secular one. Escriche, Diccionario 
de Legislacion ; Religioso, Clerigo, Secular y Secularizacion. A Mis- 
sion is therefore secularized when its temporalities are given in charge 
to a secular or civil officer, when its Missionary establishment is super- 
ceded, converted into a curacy, and given into the charge of a Secular 
Priest. Jones's Report, p. 13. 


28. The Hispano- American laws recognized the mode of found- 
ing towns by contract, and provided ample compensation for such em- 


presarios contractors or undertakers as would agree to make such 
settlements under certain fixed conditions. Thus it was enacted by an 
ordinance of King Philip the Second, (who died in 1598,) that to e very- 
such contractor founding such a settlement, composed of at least thirty 
heads of families, and complying with the requisite conditions, there 
should be given four square leagues of land, to be measured in a 
square, or in a prolonged parallellogram, according to the nature of the 
ground. Recopilacion de Leyes de los Reynos de las Indias, Lib. IV, 
Tit. V, Ley 6. (Vol. II, folio 89, Madrid edit, of 1774.) See the 
law in full, ADDENDA, No. I. Subsequently, the same privileges and 
the same donation of land were extended to any number of married 
men, not fewer than ten. Ibid. Lib. IV, Tit. V, Ley X, (Vol. II, 
fol. 89.) See the law in full, ADDENDA, No. II. It has been very in- 
geniously suggested that this law did not apply to New Spain, but was 
confined to Old Spain ; probably because the law is found among the 
laws enacted for the Indies only, which included Mexico and New 
Spain, and because it provided against encroachment upon the rights 
of the Indian Pueblos ! In effect, it is suggested that these laws did 
not apply to the Spanish colonies, because in truth they were specially 
devised for those colonies, and had no application to anything else ! 


29. It is often asked where is the GRANT of these PUEBLO 
lands ? Who has ever seen it ? If a paper title, or a document writ- 
ten on parchment, signed, sealed and delivered, is to be produced, or 
its former existence proved, it may be conceded that there was no 
grant. But no such paper or parchment grant ever existed. It was 
enough that every PUEBLO, when it reached a certain state of develop- 
ment, became ipso facto entitled to certain rights in land. It is enough 
that that development was attained by the PUEBLO of San Francisco, 
was officially conceded to exist by the Government, and its rights in 
its Pueblo lands also recognized. It is not by an actual printed or 
written deed of conveyance that the present City of San Francisco 
holds its Beach and Water Lots, but only by a Legislative declaration 
in the form of a law. Laws 1851, chap. 41, page 307. When special 
corporations are created by a general statute, their general powers are 
not enumerated, but they obtain them from the general Act. Laws of 
1850, page 347, which declares that " every corporation, as such, shall 
have power," etc., etc. So the laws of Spain and Mexico have de- 
clared from time immemorial that " every fully organized PUEBLO, as 
such, shall b$ entitled to four square leagues of land," as we have just 
seen in the next preceding section. 


30. The Spanish law, with that extreme minuteness and pre- 
cision which eminently characterize it, provided for the survey of all 
donations or appropriations of public lands in those regulations called 
" Ordenanzas de Tierras y Aguas.'* Without entering into the geo- 


metrical and arithmetical details of these regulations, it is sufficient for 
our present purpose to observe that, in case there were no natural ob- 
stacles, such PUEBLO lands were to be surveyed in the form of a 
square, first establishing a central point, which in the case of a PUEBLO 
was the centre of the Plaza, or Public Square, from which transverse 
lines were drawn in the direction of the four cardinal points, and then 
squared ; but that if the nature of the ground did not admit of that 
mode of surveying, as, for example, if the sea, mountains, lakes, deserts, 
rocky wastes, or the like, interposed, then the requisite quantity of land 
was to be made up in some other convenient direction ; or the survey 
might be made in the direction in which mountains, lakes and other 
wastes were found, in which case they would be included within the 
boundaries, but rejected from the computed area of the measurement. 
Ordenanza de Tierra y Aguas, chap. XI, pages 181, 185, 187. 
(Edition of Madrid and Paris, 1855). For the mode of making such 
and the like surveys, see the same work, Figure 11, page 170 of the 
same edition. It is not necessary to refer minutely to these details, 
as the peninsula of San Francisco is of such conformation that the 
tide waters of the ocean and Bay present natural obstacles in every 
direction, except towards the south. The four leagues of the Pueblo 
must therefore be determined by taking all the land embraced in the 
peninsula north of such a parallel of latitude, as, with its tide-water 
limits, shall include four square leagues. See the maps of the U. S. 
Coast Survey, and the map prefixed to this argument. The map 
prefixed to Langley's San Francisco Directory for 1862 contains the 
section lines of the U. S. Land Office survey for the tract embraced 
in the county of San Francisco, and they can easily be extended 
through the whole map. I shall refer to it as Langley's map. 

A. D. 17691770. 



31. Pursuant to the above mentioned scheme of the Civil and 
Religious conquest of California, two Presidios were immediately 
founded in Upper California, that of San Diego, Lat. 32 39' 30" North, 
in 1769, ( 1 De Mofras, 328, 332,) that of Monterey, Lat. 36 37' 15" 
North, in 1770, ( 1 De Mofras, 395, 403). Near those Presidios, as a 
part of the plan of civil and religious colonization of the country, were 
founded, in the same years respectively, the Mission of San Diego, 
near the Presidio of that name, and the Mission del Carmelo, near the 
Presidio of Monterey. See ADDENDA, No. LXVII, page 97. 

32. But the establishment of these two Presidios of San Diego 
and Monterey, with the consequent support which they gave to the 
pious labors of the missionaries, did not satisfy those devoted men. 
Father Junipero Serra, the founder and first President of the Fran- 
ciscan Missions of Upper California, and the real conqueror of this 


region, with that pious zeal for the salvation of souls which prompted 
him ever to go on with the conquest (ir a la conquista !) represented 
to the Marquis de la Croix, the then Vice-Roy of Mexico, that it was 
a reproach to Catholic Christianity that there was no Mission dedicated 
to San Francisco de Asis, the founder and patron of the order which 
bore his name. There is a current and credible tradition among the 
old native Californians that the Vice-Roy replied : " If our Father 
" San Francisco wants a Mission dedicated to him, let him show us a 
" good port up beyond Monterey, and we will build him a Mission 
there !" Long before this there had existed a tradition, coming down 
from the early navigators, that on the North-Western Coast, about a 
hundred miles north of Monterey, there existed the entrance of a large 
bay, through which vast volumes of fresh water poured into the sea 
from rivers flowing from an unknown distance in the interior. But 
later explorers had not been able to find this entrance, probably 
because then, as now, a thick fog frequently obscured the entrance of 
the Golden Gate. Sir Francis Drake did not succeed in entering the 
straits, but anchored instead in the bay a few miles above to which he 
gave his name, designating the white cliffs which bound it as New 
Albion. This bay afterwards was often reached by the explorers who 
were seeking the real " Bay of San Francisco," as it has often in our 
time been mistaken for it by careless or eager navigators, and thus 
made the scene of numerous disasters ; and in the time of the Marquis 
de Croix, the Bay of San Francisco had come to be considered quite 
as apocryphal as the Island of Formosa or the Antarctic Continent of 
Commodore Wilkes in our day. It was therefore with a feeling of 
prayerful humorousness that the Vice-Roy invoked the aid of Saint 
Francisco in the discovery of this concealed harbor. Father Junipero, 
however, took the Vice-Roy at his word, and, sailing from Monterey 
in 1772, happily established the existence of the Bay of San Francisco, 
which he re-discovered, and to which he permanently affixed the name 
of the patron of his order. Vida del Venerable Padre Fray Junipero 
Serra, por Palou Cap. XXX, etc. 

A. D. 1773. 


IN 1773. 

33. As late as 1773 only the two Presidios of San Diego and 
Monterey having been founded in California, as I have stated in 
preceding 31, instructions were given to the Commandantes of 
those Presidios to assign common lands, suertes, solares, and sitios to 
Indians and colonists, which instructions are found at large in the 
California Archives, Vol. I of Missions and Colonization, page 812, 
etc. A few of these instructions are printed in the Addenda, No. Ill, 
pages 2 and 3. They have the value of showing that at this early 
date there were pobladores, or colonists in California, and that the 
object of these Instructions was to provide that these colonists should 
have lands distributed to them, even though they were not sufficiently 


numerous to form such Pueblos as were entitled to the four square 
leagues of land. They show, also, that these settlements were to be 
compact, to be made in general conformity with the laws which I have 
cited in the preceding 30 of this argument ; and were intended to 
form the cores of fully organized PUEBLOS. The Pueblo of San Jose, 
founded in the year 1777, 1 De Mofras, 413, seems to have been 
founded under these special regulations; and in fact the espediente on 
that subject found in the Archives seems to demonstrate that there 
were. not ten heads of families among its colonists, and in that case the 
new Pueblo was not entitled to all the rights of a complete Pueblo 
under the laws contained in the ADDENDA, Nos. I and II. See Cali- 
fornia Archives, Vol. I, Missions and Colonization, p. 683, etc. 

A. D. 1776. 

34. The Bay of San Francisco having been re-discovered, as I 
have stated in 32 of this argument, the then Vice-Roy of New 
Spain the Marquis de Croix thereupon, by an order dated Novem- 
ber 12th, 1775, gave directions for the foundation of a Fort, Presidio 
and Mission upon the Bay of San Francisco. California Archives, 
Vol. I of Provincial State Papers, page 100, etc. The colonists with 
their cattle and the necessary provisions for the journey were to go by 
land from Monterey, while the rest of the equipment was sent from 
the same port by sea. 

" The said overland expedition left the * presidio ' of Monterey on 
"the appointed day, 17th of June of said year of -1776; it was com- 
posed of the said lieutenant commanding, Don Jose Moraga, one 
" sergeant and sixteen soldiers clad in leather all married men with 
" large families [todos casados y con crecidas familias, de siete pobla- 
" dores tambien casados y con familias], of some followers and ser- 
" vants of the same, of herdsmen and drovers who drove the neat stock 
" of the Presidio, and the pack train with provisions and necessary 
" equipage for the road, the rest of the freight being left for the vessel 
" which was about to sail. And as regards the Mission, we, the two 
" missionaries above named, joined the party with two young men- 
" servants for the Mission, two neophyte Indians of old California, and 
"another of the Mission of San Carlos for the purpose of trying 
" whether he could serve as an interpreter ; but as the idiom was found 
"to be a different one,- he only served to take care of the cows that 
" were brought for the purpose of raising a stock of cattle. The said 
" expedkion went on towards this port." Vide de Junipero Serra, por 
Palou, Cap. XLV. The Presidio was founded the 17th of Septem- 
ber, and the Mission the 9th of October, 1776. The colony, it will be 
observed, consisted of eight pure colonists and sixteen soldiers, all 
married, that is, of twenty-four heads of families. The Presidio and 
Mission occupied the localities designated by those names on the 
accompanying map. A Fort was soon after built upon the " Fort 
Point " indicated on the same map. 



35. The new settlements having been founded in honor of the 
Patron saint of the " Order of Franciscans" his name, " San Fran- 
cisco de Asis, San Francisco of Assisi," was properly given to them. 
The addition of " de Asis " was necessary to prevent confusion, to give a 
specific designation to the title " San Francisco," which, from the num- 
ber of saints of that name was hardly more than generic. For in the 
calendar of Saints, there were at least three thus canonized. . San 
Francisco de Asis, so called because born at Assisi, in Italy, A. D. 
1182, the founder and patron of the Franciscans; San Francisco de 
Paula, born at Paula, in Italy, A. D. 1416, the founder of the Missions; 
San Francisco Salano, born at Sales, in Savoy, A. D. 1567.* So that 
SAN FRANCISCO de Asis, as applied to the Mission, the Presidio, and 
the Presidial-Pueblo, was then the complete, and therefore the only cor- 
rect designation of each settlement respectively, and without this full 
designation the term " San Francisco " simply must have created con- 
fusion, except when used in the immediate vicinity of those popula- 
tions. San Francisco Solano had a Mission in this vicinity, at So- 
noma. See ADDENDA, No. LXVII, page 97. In Lippincott's 
Gazetteer, A. D. 1860, are Jive San Franciscos, all Hispano-Amer- 
ican, and none of recent origin. What would the simple term 
" San Francisco " have suggested to a Spanish king, colonial min- 
ister or viceroy, forty years ago ? There is even a port of " San 
Francisco " on the Western Coast of Lower California, in Lat. 
30 45' N. Long. 113 40' W.f and near it an old Jesuit Mission of 
the same name. Cal. Archives, Vol. I, Miss, and Colon., p. 288. The 
Mission of San Francisco de Asis early came to be called the Mission 
de los Dolores de nuestro Padre San Francisco de Asis," [of the 
anguish or sufferings] probably to avoid any confusion between the 
designation of the Mission and the Presidio, or Presidial-Pueblo. Thus 
when we find the Presidio or Pueblo styled " San Francisco de Asis," 
we should recognize only their full designation, and not confound them 
with the Mission, but rather the contrary. 

A. D. 1779. 


36. Prominent among the acts of legislation respecting the colo- 
nization of California, stand the celebrated " Regulations for the gov- 
" eminent of the Province of California by Don Felipe de Neve, Gov- 
" ernor of the same, dated in the Royal Presidio of San Carlos de 

* See Butler's Lives of the Saints, and the Encyclopaedias generally. 

t NOTE. There is a current and true anecdote of one of the early commanders of the 
Pacific Mail Steamship Company, who was sent from New York, in 1848, before the 
discovery of gold in California was announced there, to obtain a cargo of coal at Cardiff, 
Wales, and bring it to San Francisco, who, in good faith, made this port of San Fran- 
cisco in Lower California, as his port of destination. Vive Le Roy ! 


"Monterey, 1st June, 1773, and approved by his Majesty in a Royal 
"order of the 24th October, 1781."* The first section of this Title 
fully expresses the purpose of these Regulations. 

" 1st. The object of greatest importance toward the fulfillment of 
"the pious intentions of the King, our master, and towards securing to 
" his Majesty the dominion of the extensive country which occupies a 
" space of more than two hundred leagues, comprehending the new 
" establishment of the presidios, and the respective ports of San Diego, 
" Monterey, and San Francisco, being to forward the reduction of, and 
" as far as possible to make this vast country (which, with the excep- 
" tion of seventeen hundred and forty-nine Christians of both sexes in 
" the eight missions on the road which leads from the first to the last 
" named presidio, is inhabited by innumerable heathens) useful to the 
" State, by erecting pueblos of white people, (pueblos de gente de ra- 
"zon) who, being united, may encourage agriculture, planting, the 
" breeding of cattle, and successively the other branches of industry ; 
" so that some years hence their produce may be sufficient to provide 
" garrisons of the presidios with provisions and horses, thereby obviat- 
" ing the distance of transportation and the risks and losses which the 
" royal government suffers thereby. With this just idea, the Pueblo of 
" San Jose has been founded and peopled ; and the erection of another 
"is determined upon, in which the colonists (pobladores) and their 
"families, from the provinces of Sonora and Sinaloa, will establish 
" themselves, the progressive augmentation of which, and of the families 
" of the troops, will provide for the establishment of other towns, and 
" furnish recruits for the presidio companies, thus freeing the royal 
" revenue from the indispensable expenses at present required for these 
" purposes." 

37. The following regulations provide for the distribution of 
house lots and cultivable lands (solares y suertes de tierra) among the 
pobladores and vecinos ; (poblador conditor, founder, settler ; vecino, 
municeps, citizen ; Salva,) 2, 4, 6 ; that moneys, rations, agricul- 
tural implements and domestic animals shall be furnished to the colo- 
nists, 2, 3 ; that they shall be exempt from taxes for a certain 
period, 9 ; that the lands granted to them shall be inalienable, not 
capable of hypothecation, and perpetually hereditary, 6 ; and many 
other articles exhibiting a wise and beneficent spirit of legislation, curi- 
ous to study, but not necessary to our present purpose, inasmuch as this 
system was soon superseded by another. It is curious, however, to 
note that 16 provided that every colonist to whom lands were granted 
under that law, was bound to keep himself constantly equipped with 
two horses, a saddle complete, a musket, besides other arms, ready to 
march at the order of the Governor. It was provided by 17 that 
the titles to lands should be made out by the Governor or commissary 
whom he might appoint for that purpose, and that records of the same 

* The fourteenth title of these Regulations, relating to the colonization and political 
government of California, is printed in full in the ADDENDA, No. IV, page 3, etc. DE 
NEVE was Governor of California. See a list of the Colonial Governors ADDENDA, 


should be kept in the general book of colonization in the Government 
archives. The municipal expenses are called, in 14, " gastos de 
REPUBLIC A." See ADDENDA, No. IV, page 3, etc. 


38. The principal value of this document consists in the fact that 
it incidentally assumes the existence of previous laws, which assigned 
four square leagues of land to each Pueblo, and that it everywhere 
avoids that confusion of terms which has been attempted to be intro- 
duced into this discussion. It is provided as follows by 4 of this law : 
(ADDENDA, No. IV, 4, page 4,) " the house lots to be granted to the 
new pobladores (colonists) are to be designated in the situations and 
the extent corresponding to the locality on which the new pueblos are 
to be established, so that a square and streets be formed agreeably to 
the provisions of the laws of the kingdom ; and conformably to the 
same there shall be designated competent ejidos for the Pueblo, AND 
dehesas, together with the cultivable lands which may be suitable for 
propios : (conforme a lo prevenido por las Leyes del Reyna, y con su 
arreglo se senalara exido competente para et Pueblo y dehesas con las 
tierras de labor que convenga para propios.* In 8 it is provided 
that the new colonists shall enjoy, for the purpose of maintaining their 
cattle, the use in common of the water and pasturage, fire-wood and 
timber of the ejido, forest, and dehesa, which are to be designated 
according to law to each new Pueblo. Addenda, No. IV, 8, page 5. 
From these references and enumerations, it is established : 

First: That each new Pueblo (cada nuevo Pueblo) had a right, ac- 
cording to previous laws alluded to, but not specifically mentioned, to 
the admeasurement of certain lands, and we find no such laws except 
those above cited in 28 of this argument. 

Secondly: That these lands were divided into Suertes, Solares, Pro- 
pios, Ejidos, Montes and Dejesas, designations perfectly distinct, and 
in no case to be confounded with each other : and that these terms, as 
thus used, completely justify the definitions we have given them in 
10 to 15, inclusive, of this argument. 

Thirdlg : That in the ejidos, montes, and dejesas of a Pueblo all 
the inhabitants had a right of common. 

The original of this document is to be found in the Archives, Vol. 
I, of Missions and Colonization, page 761. An English translation is 
contained in 1 Rockwell, 445, and also in Halleck's Report, app., 2, 
Exec. Doc. No. 17, H. of Reps., 31st Cong., 1st Sess., p. 134, and 
printed in the ADDENDA, No. IV, page 3 ; but this translation is not 
to be always relied upon for the exact rendering of legal terms. For 
example, comun is not exactly rendered by community, nor is common 
lands a full translation of the term ejidos. See 14 and 17 of this 

* I shall show, hereafter, that although the four leagues belonging to a Pueblo were 
capable of being divided into ejidos and dehesas, that the right of property in these four 
leagues did not depend upon this division, but existed antecedent to, aud irrespective of, 
such division, which might or might not be effected. 


argument. The original rough draft and the perfected one, and the 
official printed copy, form one of the most valuable curiosities 
of the Archives, and are to be found in Volume I of Missions and 
Colonization, at pages 636, 507, and 733 respectively. 

A. D. 1786. 



39. That the construction I have put upon the preceding Regu- 
lations of Felipe de Neve is correct in regard to the four square leagues 
to which organized Pueblos were entitled appears from the highest 
authority, that of the Vice-royalty of New Spain, which I am about to 
cite. In November, 1784, certain settlers in California petitioned the 
Governor of that province for grants of lands which were situated 
within the four square leagues belonging to the Pueblos. The Gov- 
ernor reported this fact to the Commandante General, together with 
his recommendation that the prayer of the petition be granted. The 
matter was referred by the Commandante General to Galindo Navarro, 
who was Asesor, an officer whose functions in this respect seem to have 
exactly corresponded to those of Attorney General under our laws. 
In his report, dated at Chihuahua, October 27th, 1785, which was ap- 
proved by the Commandante General on June 21st, 1786, and re- 
turned to the Governor of California for his instruction, where it now 
remains in the Archives, Vol. I Missions and Colonization, page 809, 
and is also in evidence in the case, Exhibit V, and printed in full in 
the ADDENDA, No. VI, page 9, referring to the preceding Regulations 
of Felipe de Neve, he says : 

"In title 14 of the Regulation for that Peninsula,* approved by his 
"Majesty in a Royal Order of the 24th of October, 1781, it is 
" directed by Art. 8 that the new settlers should enjoy, for the mainten- 
" ance of their stock, the common advantage of waters and pastures, 
" wood and timber of the commons, (ejidos,) forests, (montes,) and 
" pasture grounds, (dehesas,) which, in compliance with the laws, are 

" to be marked out to each Pueblo : (Se ha de seiialar a cada Pueblo). 

***** * 

" In allotting of tracts of land for cattle, (sitios,) which some set- 
" tiers in California claim, and the Governor proposes in his official 
" communication of the 20th November, 1784, cannot nor ought to be 
" made to them'within the boundaries assigned to each Pueblo, which, 
" in conformity with the law 6, title 5, lib. 4, of the Recopilacion, must 
" be (deben ser) FOUR LEAGUES OF LAND in a square or oblong body, 
" according to the nature of the ground ; because the petition of the 
" new settlers would tend to make them private owners of the forests, 
" pastures, water, timber, woods and other advantages of the lands 
" which may be assigned, granted and distributed to them, and to 
" deprive their neighbors of these benefits, it is seen at once that their 
" claim is entirely contrary to the directions of the aforementioned 

* California was always called a peninsula by the Spaniards. 


" laws and the express provision in Art. 8 of the Instructions for settle- 
" ments (Poblaciones) in the Californias, according to which all the 
" waters, pastures, wood and timber within the limits which, in confor- 
" mity to law, may be allowed to each Pueblo, must be for the common 
" advantage, so that all the new settlers may enjoy and partake of them, 
" maintaining therein their cattle and participating of the other benefits 
" that may be produced : [result]." 

From this opinion of Navarro it follows : 

FIRST : That the Regulations of Felipe de Neve did not abolish 
law G, title 5, liber 4 of the Recopilacion de los Leyes de los Indios, 
which assigned four leagues of land to each organized Pueblo, but that 
the said law remained in full force, as I have insisted in 28 of this 

SECONDLY : That this dedication of the four leagues of land to 
each Pueblo was so absolute that even the Governor of California 
could not, at that time, (1784-6,) make any grants of grazing lands 
(sitios) within those four leagues. 

THIRDLY : That the only object of the assignment of the four 
leagues by actual measurement, was to ascertain what particular four 
leagues were thus assigned, under such obstacles as might or might 
not be presented, " according to the nature of the ground," whence we 
are entitled to infer that if these natural obstacles were such that only 
one particular parcel of land could by any possibility be included in 
that assignment of four leagues, then that particular parcel of four 
leagues necessarily belonged to the respective Pueblo, without any 
admeasurement. As for instance, if the Pueblo were founded on an 
island containing exactly four leagues, or less, or if it were situated, 
like the Pueblo of San Francisco, on a peninsula, less than two leagues 
in average breadth, and on which the measurement could be in only one 
direction, namely from the head of the peninsula southwards. See 
map prefixed, and also Langley's map, mentioned in 30 of this 

FOURTHLY : That although it was a historical and well known fact 
that the allotted tract of four square leagues had never been admeas- 
ured to any Pueblo in California in the years 1784, 1785, 1786, still 
the Government protected the proprietary rights of the Pueblos in 
those adjacent lands which it was presumed would fall within the limits 
of those four leagues. 

A. D. 1789. 


40. The first section of the regulations of Felipe de Neve recite 
that the Pueblo of San Jose had already been founded, and that it was 
in contemplation to found another. See Ante 37, ADDENDA, No. IV, 
page 3, 1. This other Pueblo, that of Los Angeles, was accord- 
ingly founded, under these regulations, by the Governor of California, 
in December of the same year, 1781. 1 De Mofras, 353. There is 
no record that any other Pueblo was ever founded under these regu- 



lations, which, it will be borne in mind, were purely civil Pueblos of 
the first class mentioned in 19 of this argument, and were, on the 
face of the regulations, wholly disconnected from the military Presidios, 
except as providing supplies and recruits for them, and furnishing a 
place of residence for the increase of their families, and a retreat for 
the soldiers in their old age. Regulations, 1, 5, 14, 15. ADDENDA, 
No. IV, page 4. The whole system was almost immediately changed, 
by the substitution of what is called the PLAN OF PITIC. 


41. As matter properly introductory to this PLAN, and absolutely 
necessary to the comprehension of its legal effect, I am permitted to 
copy the following condensed statement from the manuscript memo- 
randa of R. C. Hopkins, Esq., Keeper of the Archives : " In the year 
" 1776, in order to assist the Viceroy in the discharge of the duties of 
" his office, and in some degree to relieve him from the onerous burden 
" the ' Comandancia General de Provincias Internes ' was established, 
" but as soon as his Excellency, Don Teodoro de Croix, who was ap- 
" pointed to the office of Commandante-General, had taken charge of 
" the same, he foresaw the difficulties he would have in properly dis- 
" charging the duties of the same, without subordinate assistance. He, 
" therefore, petitioned his Majesty for a division of the territory em- 
" braced in the Comandancia General, representing that it was impos- 
" sible for him at Arispe (his headquarters) to properly attend to mat- 
" ters in the distant Provinces of Coahuila and Texas. Although said 
" petition was taken under consideration, yet, as the government was 
" much occupied with the war with England, no steps were taken in 
" the matter, till 1786, when royal instructions were issued, authorizing 
" the Comandante-General to place the Provinces of Nueva-Vizcaya, 
" and New Mexico under the charge of the Comandante-Inspector, and 
" those of Texas and Coahnila under the charge of Don Juan Ugalde, 
" the Comandante-General himself having charge of the Provinces of 
" Sonora and California and exercising general supervision of the 
" whole extent of territory. 

" But as these instructions did not meet the wants of the case, on 
"the 3d of December, 1789, provisional Regulations were made by the 
"Viceroy, subject to the royal approbation, to take effect on the 1st of 
"January, 178. Art. 1st of said Regulations provided that the then 
" Comandante-General, Don Jacobo Ugarte y Loyola, should remain in 
" command of the Provinces of the Californias, Sonora, New Mexico, 
" and New Vizcaya, exercising in the same all the authority delegated 
" to him by the King. This was styled the Comandancia General of 
" the Four Interior Provinces of the West. Under this Comandante- 
" General there was one Comandante-Inspector, and three Ayudante- 
" Inspectors. The Comandante-General had no fixed residence, ftut 
" went from place to place, wherever his presence might be most re- 
" quired. Art. 9th of said Regulation, established a second Comandan- 
" cia General, comprising the Provinces of Coahuila, Texas, Nueva 


" Reyno de Leon and the Colony of New Santander, under the style 
" of the Comandancia of the Four Interior Provinces of the East. 
" The same being under the charge of Colonel Don Juan Ugalde." 
Archives, Vol. I, of Missions and Colonization, page 378. So that the 
"Plan of Pitic" promulgated at Chihuahua, on the 14th of November, 
1789, became at that time the law of colonization of the Comandancia- 
" General of the Four Interior Provinces of the West," namely, CALI- 
FORNIA, Sonora, New Mexico, and New Vizcaya (Biscay). The author- 
ity of the Asesor Navarro. and of the Comandante General Ugarte to 
construe the Regulations of Felipe de Neva, as set forth in 39 of 
this argument, also distinctly appears from the above historical sketch. 

A. D. 1789. 

42. This plan of Pitic, Exhibit ZZ, ADDENDA, No. VII, page 
11, is from the Archives, Vol. I, of Missions and Colonization, page 853. 
This town of Pitic which was thus founded, was, like San Francisco, 
Santa Barbara, and Monterey, a PRESIDIAL-PUEBLO, for the Presidio 
of San Miguel de Orcavitas was removed to the locality of Tepic in 
order to protect and guard the new settlement. Plan of Pitic, 3, 
ADDENDA, No. VII, 3, page 11. The pressing reasons in which this 
new plan originated are not stated in any of the documents, but in a 
map inserted in a curious History of Lower California, published in 
German at Mannheim, in 1773, by Father Begert, a Jesuit Ex-Mis- 
sionary of that Peninsula, the site of Guayamas is marked with a cross 
and the inscription "Guayamas M. distr. per Apostatas Seris;" Guaya- 
mas Mission, destroyed by the apostate Seris (Indians.) ( Nachrichten 
von der Amftrikanischen Halb-Insel Californien ; geschrieben von einem 
Priester der Gesellschaft Jesu, welcher lang darinn diese letzere Jahr 
gelebet hat. Mannheim, 1773). The Seris were a tribe of warlike and 
exceedingly barbarous Indians, who fought as they still fight, with ar- 
rows doubly poisoned, by means of a most horrible fermentation.* The 
modern city of Hermosillo, with a population of 20,000, represents the 
Pueblo thus founded, while of the Seris Indians, who then occupied 
the country, but whose designation seems to have puzzled the transla- 
tor of this " Plan." ( See 2 and 6 of the Plan). ADDENDA, No. 
VII, pages 11, 12. One portion, which is Christianized, reside in their 
own village near Hermoisillo (Pitic) in the town provided for them in 
6 of the Plan, and the other, still savage, occupy the island of Tibu- 
ron, in the Gulf of California, north of Guayamas, a terror to the white 
inhabitants. Bartlett's personal narrative, Vol. I, pp. 463, 466 ; 1 De 

*NOTE. "They first kill a cow aiid take from it its liver ; they then collect rattle- 
' snakes, scorpions, centipedes, and tarantulas, which, they confine in a hole with the 
' liver. The next process is to beat them with sticks, in order to enrage them, and being 
' thus infuriated, they fasten their fangs and exhaust their venom upon each other and 
' upon the liver. When the whole mass is in a state of corruption, the women take the 
'arrows and pass their points through it ; they are then allowed to dry in the shade." 
Bartlett, as above. Hardy's Travels in Mexico, London, 1829, p. 298. 


Mofras, 181. In their barbarous warfare, doubtless, originated this 
new " Plan " of colonization. 


43. The main features of this PLAN OF PITIC are those which 
generally characterize the wise, pious, and eminently practical schemes 
of colonization which emanated from the kings of Spain and the saga- 
cious councellors by whom they were guided. The right of the town to 
four leagues is recognized in the second section of the Plan. ADDENDA, 
No. VII, page 11. If it be contended that the phrase "may be grant- 
ed to the town in question four leagues," is only a permissive one, we re- 
ply that the phrase "podra conceder" (literally " shall can be granted ") 
has a force nearer to "must" than to "may," and that this is one of those 
cases where no discretionary power being vested in the officer, even the 
word " may " means " shall " and is imperative. Sedgwick on Statu- 
tory and Constitutional Law, 438, 439. The object being to found a 
town with reference to pre-existing and unrepealed laws. That this is 
the true interpretation appears from Section Six of the Plan, where the 
concession of the four leagues to the new town is taken for granted, 
and the right of commons in that tract of land is expressly declared : 
" the tract of four leagues granted to the new settlement being meas- 
ured and marked out : demarcado y amonohado que sea el terreno 
concedido a la nueva poblacion." So also Section Eleventh of the 
Plan gives the same definition to Ejidos which is given in 14 of this 
argument, a place at the exit or immediate surroundings of the 
Pueblo, suitable for the settlers to amuse themselves, and where a few 
milch cows could be pastured, while sections twelve and thirteen again 
place the ejidos and dehesas in opposition, and fully define the latter 
term (dehesas) : " 13. The laying out of the commons and of the 
common pasture grounds, or vast pasture of the herds being com- 
pleted ; evacuando et senalmiento de los ejidos y a la dehesa comun 6 
Prado Boyal" This last phrase is hardly translatable without a 
periphrasis. Prado Boyal, which is thus used as a definition of dehesa, 
is rendered in Latin by Pratum bovillum, and designates the great 
pasture grounds where the vast herds roamed distant from the Pueblo. 
The lands granted to the settlers were to be distributed by a commis- 
sion in the name of the king, and alienation, hypothecation and 
mortmain were carefully guarded against, 17, 18 ; and when the 
settlement counted thirty heads of families, it was to have alcaldes, 
councilmen and an Ayuntamiento or Common Council of its own, 4, 
5, 17, and the Ayuntamientos were to pass "municipal ordinances" 
for the economical and political management of the Pueblo. 24. 

A. D. 1791. 


44. We have seen that a question arose in the year 1784, 


whether sitios, or large tracts of grazing lands might not be granted to 
settlers within the four leagues belonging to the Pueblos, and that it 
was decided that such grants could not be made within those limits, 
because that would be prejudicial to the rights of the Pueblos. 39 
of this argument, and also ADDENDA, No. VI, page 9. Very singularly 
a contest of an opposite nature arose within the next seven years, and 
the point presented seems to have been announced in this form : Cap- 
tains of Presidios cannot grant house-lots (solares) or cultivable lands 
(suertes) to soldiers and citizens ; but granted that they have that 
power, then they are restricted in the exercise of it to the tract of four 
leagues belonging to the Presidial-Pueblos. For the government of 
New Spain, which included all the Hispano-American Provinces of 
Mexico and to the north of it, there were promulgated at Madrid, on 
December 4th, 1786, certain directions called familiarly the " Orde- 
nanza de Intendentes," but whose full title was, " A Royal Ordinance 
for the empowering (establecimiento) and direction of the Intendentes 
(Vice-Governors) of the army and province of New Spain. (Real 
Ordenanza para et Establecimiento e Instruccion de Intendentes de 
Exercito y Provincia en el Reino de la Nueva-Espana. De orden de 
su Magestad. Madrid, Aiio de 1786). By article 81 of this "Orden- 
anza de Intendentes," it is provided that the INTENDENTES shall be 
judges of the propriety of distribution of the " Royal lands," (Realen- 
gos) and shall decide upon all grants of them. The question then 
arose ; " Can the Captains of the Presidios make grants of lands which 
" shall be valid without the consent of the Intendentes ; and if so, can 
<; they make valid grants of lands outside of the PUEBLO limits of four 
leagues?" The following is the decision of the then Comandante- 
General, Pedro de Nava, in which he decrees that the Captain of a 
Presidial-Pueblo had an unlimited power to grant lands within the 
four leagues belonging to the PUEBLO, but had no power to make 
grants outside of those four leagues : 

" In conformity with the opinion of the Asesor of the Comandante 
" General, I have determined in a decree of this date, that notwith- 
" standing the provisions made in the 81st Article of the Ordenanza of 
" Intendentes, the captains of Presidios are authorized to grant and dis- 
" tribute house-lots and lands to the soldiers and citizens who may 
" solicit them to fix their residences on : (corresponde a los Capi- 
" tanes de Presidio mercenar y repartir solares y tierres a los Sol- 
" dados y vecinos que los pidieren para figar su residentia en ellos.) 
" And considering the extent of four common leagues measured from 
" the centre of the Presidio square, namely, two leagues in every direc- 
" tion, to be sufficient for the new Pueblos which are growing up under 
" the protection of the said Presidios, I have likewise determined, in 
" order to avoid doubts and disputes in future, that said captains res- 
" trict themselves henceforward to the house-lots and lands within the 
" four leagues already mentioned, without exceeding in any manner 
" the said limits, leaving free and open the exclusive jurisdiction belong- 
" ing to the Intendentes of the royal hacienda, respecting the sale, com- 
" position and distribution of the remainder of the land in the respective 


"districts:) considerandose suficiente para las nuevas poblaciones que 
"van formnandose, [literally 'which are going on forming themselves '] 
" a su abrigo el termino de cuatro leguas communes medidas desde el 
"centro de la Plaza del Presidio, dos para cada viento. * 
"que los capitanes se limiten desde ahora en la consecion de mercedes 
11 de solares y tierras a las que estuviesen comprehendidas en dichas 
"cuatro leguas sin excedese en manera alguna.) And that this order 
"may be punctually observed and carried into effect, you will circulate 
" it to the captains and comandantes of the Presidios of your province, 
" informing me of having done so. God preserve you many years. 

" Chihuahua, Oct. 22nd, 1791. 



This document is the Exhibit Z in this case. It is found also in 1 
Rockwell, 451, not translated with entire precision, and misdated 
March, instead of October. The original is in the Archives, Vol. I of 
Missions and Colonization, page 850, and the approval of it dated Jan. 
19, 1793, is found at page 814 of the same volume. It is printed in 
full in the ADDENDA, No. VIII, page 17. 

From this valuable document it appears : 

FIRST : That the " Intendentes " who had the right to decide upon 
the propriety of grants made out of the Royal lands, had no such right 
in regard to lands granted within the four leagues belonging to Pueblos, 
BECAUSE belonging to the Pueblos, the king had no ownership in them, 
although they were granted in his name under every system. Regu- 
ulations of 1781, 1 Rockwell 447, 5, Addenda No. IV, 5, page 5 ; 
Plan of Pitic, 18, ADDENDA, No. VII, page 15. 

SECONDLY : That e converso, because the lands lying outside of the 
four leagues did not belong to the Pueblo, but did belong to the king ; 
the captains of Presidios, who could grant only the lands belonging 
to PRESIDIAL-PUEBLOS, had no authority to grant those outside 
lands. Also that each Presidial-Pueblo was entitled to four leagues of 


45. In perfect consistency with my previous argument, we find 
that the Regulations of 1781, 1 Rockwell 450, 18, ADDENDA, No. IV, 
page 7, provide for the election of the Pueblo officers after the first two 
years by the settlers themselves ; which the PLAN OF PITIC, AD- 
DENDA, No. VII, page 14, Exhibit zz, in sections 17, 20, 21, 22 and 
23, speak of " the Ayuntamiento of the new settlement," as an institu- 
tion existing as a matter of course; while section 24 of the same PLAN 
expressly gives to such Ayuntamientos of the new Pueblos the power 
to make and enforce all the ordinances and municipal regulations neces- 
sary to the political government, management, economy, and police, of 
civilized towns. This section is a perfect paraphrase of those enumer- 
ations in Anglo-American city charters, which follow the declaratory 
clause: " The Mayor and Common Council shall have power," etc., etc. 


A. D. 1796. 


46. In the year 1796 it was proposed to build a villa in Upper 
California in honor of Don Miguel de Lagrua, Marquis de Branciforte, 
at that time Viceroy of New Spain. Alexander the Great was not 
the only chief who indulged the fancy of giving his name to a great 
city. Alvarado endeavored to give to San Jose the designation of the 
" Pueblo de Alvarado." 1 De Mofras, 415. And Vallejo gave to the 
Pueblo which he founded the title " Sonoma de Vallejo." 1 De Mofras, 
446. Thus the Marquis de Branciforte had both illustrious examples 
and imitators in his laudable ambition. Among the localities enume- 
rated by Don Pedro de Alberni, who was directed to examine the 
country and report upon several places indicated, was that of San 
Francisco, which he represented to be the very worst of all those men- 
tioned for the foundation of such a villa, for the reason that there were 
but few cultivable or irrigable lands, and that there was a general 
deficiency of wood and water in and about the Presidio. See the 
Report in the ADDENDA, No. IX, page 18. The whole report shows 
that the intention was to build a rural villa depending upon agriculture 
and grazing for the subsistence of its inhabitants. This report has 
been sometimes referred to as justifying an inference that at the time 
it was made there was no civil settlement at the Presidio. But it 
expressly states that there was such a settlement there, although it was 
composed of only "a few families ;" and a " PUEBLO of San Francisco," 
existing at the Presidio, would gladly have received an additional 
population and a higher grade of rank, with the title of " VILLA of 
Branciforte." This villa was afterwards founded in the same year, 
1796, at the place now called Santa Cruz, (1 De Mofras, 409,) but 
does not seem to have figured largely in history. 

A. D. 1812. 


47. In the Leyes Vigentes, a collection of those decrees and 
orders of the Cortes of Spain, which survived the political revolution 
that severed the Republic from the mother country, published at 
Mexico in the year 1829, page 28, is found a " Decreto de 23 de Mayo 
de 1812," entitled " Formackm de los Ayuntamientos Constitucion- 
al es: " "Decree of May 23d, 1812, concerning information of Con- 
stitutional Ayuntamientos, or Common Councils." This is printed in 
full in the ADDENDA, No. X. No repeal of this law appears to have 
been made ; it is published as an existing law in 1853, by Rivera, in 
Vol. I, page 890, of his " Nueva Coleccion de Leyes y Decretos Mexi- 
canos," and it is evident, from its continued promulgation from its 
enactment down to the era of the American Conquest of California in 
1846, that it was a portion 6f the law of California long after the 


Mexican Revolution of 1821, and, as will be seen hereafter in 72 of 
this argument, down to and including the year 1835. This is enough 
for our present purpose. It related to the mode of forming Ayun- 
tamientos, and although the basis of population was afterwards 
changed see 89, 90 of this argument this law seems to have 
survived, in relation to the modus operandi of organizing those bodies. 

48. The preamble of this law respecting Ayuntamientos recites, 
generally, that, in the judgment of the Cortes, the PUEBLOS, or towns, 
ought to be governed by Ayuntamientos, or Common Councils : [which, 
it is to be remembered, are Commune Councils]. Article I provides 
that towns and pueblos which have no Ayuntamientos, but which are 
entitled to them, may apply for them ; and Articles II, VIII, and IX 
enact that Pueblos which are not themselves entitled to Ayuntamientos 
shall be aggregated together under a common Ayuntamiento. Leyes 
Vigentes, page 28, etc. 1 White's Recopilacion, 416, etc. ADDENDA, 
No. X, pp. 18, 19. Article IV provides that, in all Pueblos not 
exceeding two hundred inhabitants, there shall be one Alcalde, two 
Regidores, (Common Councilmen,) and one Procurador Sindico ; one 
Alcalde, four Regidores, and one Procurador Sindico in Pueblos having 
more than 200 and less than 500 inhabitants ; one Alcalde, six Regi- 
dores, and one Procurador Sindico in those having between 500 and 
1,000 inhabitants ; two Alcaldes, eight Regidores, and two Procurador 
Sindicos in those having between 1,000 and 4,000 inhabitants ; and 
twelve Regidores in PUEBLOS of more than 4,000 inhabitants. These 
Alcaldes, Regidores and Procuradores Sindicos composed the Ayunta- 
miento of the Pueblo. 


49. The Ayuntamientos were not elected directly by the people, 
who chose only electors for that purpose ; and the elections of these 
electors were to be held in local election districts at elections called 
juntas de parroquia, (parish or district elections). Article VIII. But 
no such junta de parroquia could be formed in a town having less than 
fifty inhabitants, (Article IX) ; and this was, therefore, probably the 
limit of population below which a Pueblo could not have its own 
Ayuntamiento. Compare Leyes Vigentes, page 28, Art. IV, VIII, 
and IX. Translated in 1 White's New Recopilacion, 416, etc. AD- 
DENDA, No. X, pp. 18, etc. 


50. Article II recognizes the fact that a town which has once 
had an Ayuntamiento may lose it by a diminution of its population. 
" Aggregandose al [Ayuntamiento] mas immediate en su provincia las 
" [Pueblos] que se formaran nuevamente y los despoblados con juris- 
" diccion." And in that case the provision just cited directs that they 


shall be united to the nearest Ayuntamiento in their province. There 
were therefore three kinds of Ayuntamientos : 

1st. Ayuntamientos existing for a single Pueblo, which may there- 
fore be styled AYUNTAMIENTOS SOLE. 

2d. Ayuntamientos composed entirely of populations each of which 
was too small to have an Ayuntamiento of its own, and which may 
therefore be styled AYUNTAMIENTOS AGGREGATE. 

3d. Ayuntamientos composed of the Ayuntamiento of a Pueblo, 
to which were joined other small populations, each too small to have 
an Ayuntamiento of its own, and which I shall term COMPOSITE 
AYUNTAMIENTOS, neither purely, sole nor aggregate. 


51. The Departments of Upper and Lower California were 
repeatedly divided into Districts, and Partidos, as it was required by 
law that they should be: 8 of this argument. Governor Alvarado, 
on February 26th, 1839, divided this Department into Districts, and 
the northern District into two Partidos, and decreed that the " second 
Partido should comprehend from the Point de los Llajas (below the 
latitude of Santa Cruz) up to the Sonoma frontier of the North ;" and 
that its cabecera, or official centre, to which official communications 
were to be addressed, should be the " Establishment of Dolores." 
California Archives, Vol. IV, Departmental State Papers, page 589. 
In 1845, California was again divided into Districts and Partidos, and 
Yerba Huena is indicated as the cabecera. Ibid, page 199. I cannot 
find that previous to 1839, as above mentioned, there was any formal 
division of the Californias into Districts and Partidos. But that 
division was necessary as a matter of administration : Law of the 
Cortes of Spain, of Oct. 9, 1812. Leyes Vigentes, 35. San Fran- 
cisco was recognized as cabecera of the frontier of the North on Janu- 
ary 17th, 1839, by Governor Alvarado, previous to his division of 
Districts and Partidos made as above, in February of that year. See 
ADDENDA, No. XXXVIII, page 57, 4 ; and even earlier, on Novem- 
ber 4th, 1834, Governor Figueroa recognizes a Partido of San Fran- 
cisco as already in existence, and as having theretofore been, and still 
being under the jurisdiction of the military commandante of*San Fran- 
cisco. See ADDENDA, No. XXI, page 35. From the absence of any 
evidence in the Archives showing that there was an actual, formal 
division into Partidos previous to February, 1839, Mr. R. C. Hop- 
kins, the Keeper of the Archives, is of opinion that the jurisdiction of 
the Presidios, respectively, was regarded as a practical division of the 
Department into Partidos, and treated as such, and I fully concur in 
this opinion. The Presidio of San Francisco included San Jose, Santa 
Clara, Santa Cruz and the Villa of Branciforte in its jurisdiction, from 
A. D. 1800 to 1830. California Archives, Vol. Ill of Missions, p. 278 ; 
lb., Vol. V, p. 165; Jb., Vol. V, p. 297. But in 1836, at least, the 
Partido of San Francisco did not include that portion of California 
lying west of the Bays of San Francisco and San Pablo, the Straits 


of Carquinez, and the Sacramento River, and this explains the lan- 
guage then used by Governor Alvarado in defining the limits of the 
Partido : " The second Partido shall comprise from the Point de las 
Llayas up to (hasta) the Sonoma frontier of the North." For the 
tract west of the Bay of San Francisco and its tributaries, as above 
mentioned, belonged to the independent jurisdiction of the military 
commandante, and was known as the " Sonoma Frontier of the North," 
as decided by the Departmental Junta, on July 7th, 1836. See Ex- 
hibit 2 to testimony of R. C. Hopkins in the case. Also, California 
Archives, Legislative Proceedings, Vol. Ill, page 141. 

A. D. 1813. 


52. One of the desperate necessities resulting to the Spanish 
Government from the attempt of Napoleon to place his brother upon 
the throne of Spain, and from the civil war to which it gave rise, was 
an enactment made by the Cortes on the 4th of January, 1813, that 
all the property of the Pueblos, not only in Spain but in the provinces 
beyond the seas, should be sold or granted to private owners. This 
law is published in the Leyes Vigentes, at pages 56, etc., as one which 
survived the Mexican Revolution of 1821 : it is printed in full in the 
ADDENDA, No. XI, at page 20, etc. The avowed object in the pre- 
amble is the welfare of the PUEBLOS and the improvement of agri- 
culture and industry ; the real object clearly appears, from Articles 6, 
7, 8, 9 to 15, to have been to reward soldiers for services in the war 
against Napoleon, and to raise a fund wherewith to pay a portion of 
the National Debt. Article 3 provides that " in the transfer of the 
" said lands the residents of the Pueblos within the limits of which 
" said lands may be shall be preferred, and the commoners of said 
" Pueblos in the enjoyment of said vacant lands." See ADDENDA, 
No. XI, page 21. These enactments will become very important in 
a subsequent part of this argument. 

A. D. 1813. 


53. In the same year, 1813, the Cortes of Spain, not by an 
absolute enactment, but by an authentic act, expressed their opinion 
that the Missionary establishments ought to be discontinued, and con- 
verted into curacies, in other words, that the Indian Missions ought to 
be secularized. But as this declaration went no farther, and never 
attained the form or force of a law, it is not deemed necessary to make 
any further reference to it, than to allude to it as one of the landmarks 
in the progress of opinion. See Jones' Report. 


A. D. 1821. 

54. Next in the order of time, among political events, is the 
Mexican Revolution of 1821. How far this Revolution affected the 
political powers of the military governors, it is not now necessary to 
inquire. It is a well established principle of law that a change in the 
sovereignty of a country changes the political law, but leaves all the 
laws respecting private property in full force. American Insurance Co. 
vs. Canter, 1 Peters, 542 ; Fleming vs. Page, 9 Howard U. S. S. C. R. 
Rep., 603; Cross vs. Harrison, 16 Howard U. S. S. C. Rep., 164. 
This is well stated in Governor Riley's Proclamation of June 5, 1849. 
ADDENDA, No. LXXV, 3d U". Thus, when Louisiana was acquired 
from France, it was understood that lands held by the former citizens 
or municipalities of that territory were to be held and enjoyed as 
before ; but that the public lands were not to be granted by the Gover- 
nors, as theretofore, under the laws of Spain and France, but were 
subject only to the laws regulating the public lands of the United 
States. So when California was acquired, it was generally and cor- 
rectly understood that all municipal corporations retained their landed 
property, while the new Governors of California could not grant a 
foot of land, though their Mexican predecessors could grant it eleven 
leagues at a time. That the laws relating to the landed property of 
the Pueblos of California were not changed by the Mexican Revo- 
lution will appear from the whole course of this argument, and by 
consulting the ADDENDAS, Nos. X and XI, pages 18 to 23, which are 
taken from the Leyes Vigentes that collection of the laws of Spain 
which did survive the Mexican Revolution. The same principles are 
admirably stated in the preface to the Leyes Vigentes, pages i to iv. 

A. D. 1825. 

55. Meanwhile the PUEBLO of San Francisco had attained but 
a small growth, with a sluggish, indolent population. Captain Benja- 
min Morrell, who visited San Francisco in May, 1825, thus describes 
the town : " The town of San Francisco stands on a table land, elevated 
" about three hundred and fifty feet above the sea on a peninsula five 
" miles in width, on the south side of the entrance to the bay, about 
" two miles to the east of the outer entrance, and one-fourth of a mile 
" from the shore.* It is built in the same manner as Monterey, but 

* NOTE. It is hardly necessary to remark that this is a description of the PUEBLO as 
it then existed at the PRESIDIO. It seems to be inaccurate in the estimated elevation 
of three hundred and fifty feet above the sea; but very singularly in " CALIFORNIA," 
by Alexander Forbes, published in London, in 1839, facing page 1*27 is an engraving of 
the Golden Gate, in which the Presidio is represented at about the same height above 
tide water. Probably both Capt. Morrell and Forbes were deceived in their estimates, 
as most early Californians were, by the exceeding clearness of the atmosphere. Look- 
ing at the settlement from afar, knowing how many miles they were distant, and 
perceiving objects with great distinctness, they judge'd of heights as they would have 
done in an obscure atmosphere, and so both the nautical observer and the artist were 


" much smaller, comprising only about one hundred and twenty houses 
" and a church, with perhaps five hundred inhabitants. * * * The 
" inhabitants of this place are generally Mexicans and Spaniards, who 
" are very indolent, and consequently very filthy. They cultivate 
"barely sufficient land to support nature; consequently, nothing can 
" be obtained by way of refreshments for ships. * * * The table 
" land before mentioned would produce abundantly with proper culti- 
" vation ; but its surface is scarcely ever disturbed by plow or spade, 
" and the garrison depends entirely upon the Mission for all its sup- 
" plies." Morrell's Narratives of four voyages to the Pacific, etc., New 
York, 1853, page 211. This account I shall concede to be inexact as 
to the number of the population, houses, and other matters of mere 
estimate, because such statements almost always exaggerate the num- 
bers involved in the calculation. But one thing remains as a conclu- 
sive result of Captain Morrell's observation, namely : that there was an 
actual PUEBLO at San Francisco, so large that a disinterested observer 
estimated it at five hundred inhabitants and one hundred and twenty 
houses. The population probably never reached 400. See post 73 
and ADDENDA, No. LXXVI. Mr. Richard H. Dana, in his " Two 
Years before the Mast," speaks of San Francisco " as a newly -begun 
"settlement, mostly of Yankee-Californians, called Yerba Buena, 
" which promises well." Page 280. Mr. Dana arrived in San Fran- 
cisco on December 4th, 1835. Compare the dates in his book at pages 
66 and 280. It thus appears that the inhabitants of the town were 
already shifted or shifting from the Presidio to Yerba Buena, both 
localities being within the four leagues belonging to this Pueblo. See 
the map prefixed, and Langley's map, in 30. 


56. No sooner, however, had the Mexican Revolution become 
an accomplished fact, than the Sovereign General Constituent Con- 
gress, by a decree bearing date August 18th, 1824, enacted a general 
law of Colonization, commonly styled the " Colonization Law of 1824." 
This will be found printed at large in the ADDENDA, No XII, page 
23. This wise and liberal plan is worthy of the attention of the histo- 
rian and of the political economist, but our present purpose leads us to 
cite only the 2d Article of the decree, which is in these words : 

" 2d. The object of this law are those national lands which are 
" neither private property nor belonging to any corporation or PUEBLO, 
" and can therefore be colonized Son objeto de esta ley aquellos ter- 
" renos de la nacion, que no siendo de propiedad particular, ni per- 
"tenecientes a corporacion alguna 6 PUEBLO, pueden ser colonizados." 

This decree of Colonization, therefore, embraces all lands which 
were neither of private ownership nor belonged to any corporation or 
Pueblo. This decree was soon followed by " General Rules and 
Regulations for the Colonization of the Territories of the Republic," 
adopted at Mexico, November 21, 1828, and commonly styled the 
" Regulations of 1828." These are to be found in the ADDENDA, No. 


XIV, page 25. We need not pay any particular attention to these 
Regulations, any further than to observe : that all applications for 
grants of lands were to be made to the Governor ; that he was to cause 
the necessary information to be obtained ; and that, if satisfied, he was 
to make the grant, and that there is no provision authorizing him to 
delegate his power to any person or officer. Articles 1, 2, 3, and 4. If, 
therefore, on comparing this decree of 1824 with the Regulations of 
1828, we find a class of lands granted by the public authorities, not of 
private ownership, nor belonging to the nation, we shall be tempted to 
adopt the only remaining alternative and ask : " To what corporation 
or Pueblo did these lands belong ?" See 2 of the Law of 1824, cited 
in this section. 

A. D. 1828. NOVEMBER GTH. 


57. After the enactment of the Mexican Colonization laws of 
1824, and before the adoption of the Regulations of 1828, both of 
which are referred to in the preceding 56 of this argument, an 
incident occurred which is curiously illustrative of the Colonization 
laws of California, and confirms the propositions I have heretofore 
maintained. A person named Willis, a resident of San Jose, some 
time in 1828, petitioned the Governor for a grant of public lands, 
lying outside of the lands of that PUEBLO. The Governor refused the 
petition, because there were sufficient lands upon which to maintain 
his flocks and herds, in the Pueblo of San Jose to which he belonged. 
Willis thereupon presented himself to the Comandante of the Pre- 
sidio of San Francisco, and having persuaded him that he had the 
power to grant, obtained a concession of the lands. The Governor 
repudiated the grant as being beyond the powers of the Comandante, 
and directed the latter to summon Willis before him and fine him 
fifty dollars for his fraudulent conduct. See ADDENDA, No. XIII, 
page 24, Exhibit C in the case. This is strongly confirmatory of the 
position I have assumed to demonstrate in 44 of this argument, 
namely, that captains (comandantes) of Presidios could not grant lands 
outside of their Presidial-Pueblos (see ADDENDA, No. VIII), while it 
decides nothing on the question whether the power remained to them 
to grant lands within such Pueblos. If the power to grant within 
Pueblos was a part of their political authority, it is very certain that 
they lost it by the happening of the Mexican Revolution of 1821. 
Leyes^Vigentes, Preface; see also 54 of this argument. That there 
was an. interregnum between the LAWS of August llth, l%2, directing 
colonization, ante 56, ADDENDA, No. XII, page 23, and the REGU- 
LATIONS of November 21, 1828, which prescribed the mode of coloni- 
zation, can easily be imagined. See 56, also ADDENDA, No. XIV, 
page 25. Thus grants of lands were interdicted, unless made by cer- 
tain authorities, and in a prescribed form, but at the same time the 
authorities were not named nor the form indicated, and so no grants 


could be made for the time being. A singular confirmation of this view 
is furnished fry Capt. Beechy, who visited the Presidio of San Fran- 
cisco, in November, 1826: "A further grievance has arisen by the 
" refusal of the Government to continue certain privileges which were 
" enjoyed under the old system. At that time soldiers entered for a 
" term of ten years, at the expiration of which they were allowed to 
' retire to the Pueblos, villages erected for this purpose, and attached 
" to the Missions, where the men have a portion of ground allotted to 
" them for the support of their families. This afforded a competence to 
" many ; and while it benefitted them, it was of service to the Govern- 
" ment, as the country by that means became settled, and its security 
"increased. But this privilege has been latterly withheld and the 
" applicants have been allowed only to possess the land and feed their 
" cattle upon it, until it should please the Government to turn them 
" off." Narrative of a voyage to the Pacific Beering Straits, in the 
year 1825-1828, by Capt. F. W. Beechy, R. N., F. R. S.: London, 
Colburn & Bentley, 1831 ; Vol. II, pages 10, 11. This account is full 
of errors, such as a stranger would naturally fall into, but it contains 
enough of truth to confirm my proposition. Between the adoption of 
the Law of Colonization in 1824 (next preceding 56) and the Regu- 
lation of Colonization, prescribing the mode, (see next 56) it is not 
improbable that the power to grant lands outside of the Pueblos was 
wholly in abeyance. Certainly Comandantes of Presidios could not 
then grant such lands, nor could they have done so before that time. 
See ADDENDA, No. VIII, page 17. See 44 of this argument. 

A. D. 1833. 


58. I have shown ante 26, 53, that the Missionary system was 
tended to be succeeded by a purely civil colonization ; that the Missions 
were to be secularized ; and that the Cortes of Spain, in 1813, had 
shown their impatience that secularization had not been already accom- 
plished. But in August, 1828, the Congress of Mexico decreed that 
the secularization of the Missions should be " proceeded with." AD- 
DENDA, No. XV, page 26. Pursuant to that decree, Governor Figue- 
roa, in August 1833, enacted certain "Provisional Rules for the Secu- 
larization of the Missions," which were to go into effect in August, 
1834, "commencing with ten Missions, and afterwards with the remain- 
der." ADDENDA, No. XIX, page 31, Art. I, Id. No. XX, page 34. 
But the execution of the whole scheme was suspended by a decree of 
the President of Mexico, of November 7th, 1835. ADDENDA, No. 
XXVIII, page 43. There is not a shadow of pretence that up to Jan- 
uary, 1835, the Mission of Dolores had been secularized, although 
nothing is more certain than the fact that the Majordomos mentioned in 
Article 8 of these " Provisional Rules " had taken possession of the 
property of the Missions. 



59. The results of the Mission scheme of Christianization and 
Colonization were such as to justify the plans of the wise statesmen who 
hitherto devised it, and to gladden the hearts of the pious men who devo- 
ted their lives to its execution. At the end of sixty years, (in 1834) 
the missionaries of Upper California found themselves in possession of 
twenty-one prosperous Missions, planted upon a line of about seven 
hundred miles, running from San Diego north to the latitude of Sono- 
ma. More than thirty thousand Indian converts were lodged in the 
Mission buildings, receiving religious culture, assisting at divine wor- 
ship, and cheerfully performing their easy tasks. Over four hundred 
thousand horned cattle pastured upon the plains, as well as sixty thou- 
sand horses, and more than three hundred thousand sheep, goats and 
swine. Seventy thousand bushels of wheat were raised annually, 
which, with maize, beans and the like, made up an annual crop of one 
hundred and twenty thousand bushels ; while, according to the climate, 
the different Missions rivalled each other in the production of wine, 
brandy, soap, leather, hides, wool, oil, cotton, hemp, linen, tobacco, salt 
and soda. 1 De Mofras, 320, 321, 338, 348, 366, 486, 488. Of two 
hundred thousand horned cattle annually slaughtered, the Missions fur- 
nished about one half, whose hides and tallow were sold at a net result 
of about ten dollars each, making a million of dollars from that source 
alone. 1 De Mofras, 320, 480, 484. While the other articles, of 
which no definite statistics can be obtained, doubtless reached an equal 
value, making a total production by the Missions themselves, of two 
millions of dollars. Gardens, vineyards and orchards surrounded all 
the Missions, except the three northernmost, Dolores, San Rafael, and 
San Francisco Solano, the climate of the first being too inhospitable for 
that purpose ; and the two latter, born near the advent of the Mexican 
Revolution, being stifled in their infancy. The other Missions, accord- 
ing to their latitude, were ornamented and enriched with plantations of 
palm trees, bananas, oranges, olives, and figs ; with orchards of Euro- 
pean fruits ; and with vast and fertile vineyards, whose products were 
equally valuable for sale and exchange, and for the diet and comfort of 
the inhabitants of the Missions. 1 De Mofras, 350, 351, 366, 420, etc. 
Aside from these valuableproperties, and from the Mission buildings, 
the self-moving or live stock of the Missions, valued at their current 
rates, amounted to three millions of dollars of the most active capital, 
bringing enormous annual returns upon its aggregate amount, and, ow- 
ing to the great fertility of animals in California, more than repairing 
its annual waste by slaughter. 1 De Mofras, 320, 472, 476. Such 
was the great religious success of the Catholic Missions in Upper Cal- 
ifornia; such their material prosperity in the year 1834, even after 
many depredations had been committed upon them by the first Gov- 
ernors of the regime of " Independence." See ADDENDA, No. LXVII. 

6p. " What is remarkable in the establishment of these Missions, 


they cost the government nothing. When the Missions of Lower Cali- 
fornia were first founded, the Viceroys furnished some assistance. Philip 
V, gave them in the first years of his reign an annual pension of 
$13,000 ; but in the year 1735, the Jesuits, having received some large 
donations, administered them so well, that they not only supplied all the 
wants of their Missions, but added to the capital of their funds by the 
purchase of productive real estate, (mais encore acheter de nouveaux 
terrains.) In 1767, a lady of Guadalajara, Dona Josefa de Miranda, 
left by will to the College of the Society of Jesus, of that city, a leg- 
acy of more than $100,000, which the Jesuits, who were already the 
objects of the slanders of all Europe, had the delicacy to refuse." 1 De 
Mofras, 266 ; Clavigaro. 


61. " The property belonging to the 'Pious Fund of California/ 
with its successive additions, comprised the following : The landed 
estates, (haciendas) of San Pedro, Torreon, Rincon, and the Golon- 
drinas, including several mines, manufactories, and immense flocks, 
with more than five hundred square leagues of land, all situated in 
the new kingdom of Leon, or province of Tamaulipas. These prop- 
erties were given voluntarily to the Society by the Marquis de Villa 
Puente, Grand-Chancellor of New Spain, and by his wife, the Mar- 
chioness de Las Torres, on June 8th, 1735. Other legacies enriched 
the Society of Jesus with considerable estates, situated near San Luis 
de Potosi, Guanajuato and Guadalajara. The property known under 
the name of ' la Cienega del Pastor,' near the last named city, and 
which, notwithstanding its dilapidated condition, and its mal-adminis- 
tration, is still rented annually for more than twenty thousand dollars. 
Another estate of the Society, the Hacienda of Chalco, belongs to the 
Pious fund, which possesses besides, a very great number of houses, 
and other real estate, situate in the cities, particularly in Mexico." 
1 De Mofras, 267. 


62. "In 1827, the government forcibly seized $78,000 in specie, 
deposited at the mint in Mexico, and which was the produce of the 
sale of the Arroyo Zarco, an estate of the Society. The * Pious Fund* 
was also despoiled of immense tracts of land by the Congress of 
Jalisco." 1 De Mofras, 268. 


63. " Under the Spanish Government the revenues amounted 
to about $50,000 a year, which paid the stipends (sinodos) of the 
monks, namely, fifteen Dominicans, at $600 each ; and forty Francis- 
cans at $400 each ; and, this total of $24,000 being deducted, the 
balance was used in the purchase of cloths, implements, tools, (etoffes, 
machines, outils,) church utensils and ornaments for the service of 


religion. The royal government reimbursed to the agent of the Mis- 
sions at Mexico, the value of all supplies furnished by the Missions to 
the Presidios ; and the agent converted that money into merchandize, 
which he sent, at his own charge, to the port of San Bias, whence, 
twice a year, frigates transported it gratuitously to the various ports of 
California." De Mofras, Vol. I, pp. 266 to 268. 


64. " From 1811 to 1818, and from 1828 to January, 1831, the 
Missionaries ceased to receive their stipends regularly, on account of 
the political troubles which, at those epochs, agitated Spain and Mexico. 
Thus, adding together the sums due to the Franciscans of Upper Cali- 
fornia only, amounting to $192,000; the $78,000 taken by force; the 
$272,000 for which the Missions of Upper California were out of 
pocket for supplies furnished to the Presidios ; and the revenues of the 
' Pious Fund ' for more than ten years, we obtain a total of more than 
a million of dollars, of which the Mexican Government had already 
despoiled the Missionary Association." De Mofras, Vol. I, pp. 269, 
270. This, it will be observed, does not include the capital of the 
Pious Fund, except the $78,000 which was, as above stated, the pro- 
ceeds of the sale of an estate belonging to that fund. 


65. " On May 25th, 1832, the Mexican Congress passed a 
decree by which the executive power was directed to rent out for a 
gross sum for seven years, (or farm out : aff'ermer^ the property of 
the * Pious Fund,' and pay the proceeds into the national treasury." 
1 De Mofras, 270. Arrillaga, Colleccion de Decretos, 1832-1833, 
page 114. 


66. A second decree of Congress, of the 19th September, 1836, 
directed that the ' Pious Fund ' should be placed at the disposal of the 
new Bishop of California and his successors, to the end that these 
prelates, to whom its administration was thus confided, might employ 
it in the development of the Missions, or in similar enterprises, accord- 
ing to the wish of its founders. 1 De Mofras, 270. Arrilaga, Col- 
leccion de Decretos, July to Dec. 1836, page 107. 

* NOTE. This is the first time that the designation " BISHOP OF CALIFORNIA " occurs. 
Previous to 1840, California was not a Diocese of any church, but, the Popes had, by 
various Bulls, granted Episcopal powers to the Apostolical Prefect [President of the 
Missions] of California, for the time being. Bull of Leo X, April 25th, 1521 ; of Adrian 
VI, May 9th, 1522; of Clement XIV, June 16th, 1774. But in 1840 the then Pope, 
Gregory XVI, erected California into a Bishopric, and named to that See the Key. 
GARCIA DIEGO, a Mexican Franciscan, who had been for some time a Missionary in 
California, designating San Diego as his residence. 1 De Mofras, 275. The title 
" BISHOP OF CALIFORNIA" was thus appropriated by the Catholic Church at least 
twenty years before any other person claiming episcopal functions appeared on this 
coast, and has been so used with uninterrupted succession since. 



67. "On February 8th, 1842, General Santa Anna, Provisional 
President, by virtue of his discretionary power, deprived the Bishop 
of California, notwithstanding his protest, of the administration of the 
1 Pious Fund;' and, by a decree of the 21st of the same month, 
entrusted it to General Valencia, chief of the Army Staff. To any 
one who is acquainted with Mexico, the word 'administer' has an 
unmistakable sense. This was the last blow which the organization 
created by the Jesuits received before the final sale. Let us add, how- 
ever, in justice, that hitherto the few Franciscans who remain in Cali- 
fornia have received an annual relief of $400 in merchandise, marked 
at exorbitant prices." De Mofras, Vol. I, pages 270-271. This decree 
of Santa Anna is to be found in El Observador Judicial y de Legis- 
lacion, 1842, Vol. I, p. 351. 


68. Finally, President Santa Anna sold the * Pious Fund ' in a 
mass, to the house of Barrio, and to Rubio brothers. 

The final sale above alluded to, namely, " that President Santa Anna 
sold the ' Pious Fund' in a mass to the house of Barrio, and to Rubio 
brothers," De Mofras, Vol. I, page 268, is thus mentioned at pages 
65-66 of the same volume : " Bold by the very excess of weakness, 
the Mexican Government recoils from no arbitrary measure to supply 
its financial deficits. Thus it has not hesitated to seize the property 
belonging to the Missions of California, whose value is not less than 
two millions of dollars, and sell it to the house of Barrio." The date 
is not given, but is stated at page 271 to have been after the fund was 
entrusted to Valencia, which was on Feb. 21, 1842, and the decree, 
the first section of which incorporates into the national treasury (erario 
nacional) the entire " Pious Fund," and the second section of which 
provides for the sale of the property, is dated Oct. 24, 1842, and may 
be presumed to have had a sufficiently rapid execution. See the 
original decree: El Observador Judicial y de Legislacion, 1S42, Vol. 
2, page 340. 

A. D. 1834. 


69. During all this period, and up to the autumn of 1834, there 
had been no Ayuntamiento, or Common Council, at San Francisco. 
This clearly appears from the ADDENDA, No. XVI, page 27, No. XVII, 
page 28, and No. XVIII, page 29, all of which belong to -the docu- 
mentary testimony in the case. The population of San Francisco was 
ruled by a Military Comandante of the Presidio, who was also a Judge 
of First Instance, while the Governor generously imposed license fees 
and taxes on a liberal scale. Ibid. It is necessary to recur here, for 
a moment, to three different classes into which we have divided Ayun- 
tamientos, namely : 


1st. AYUNTAMIENTOS SOLE, existing for a single Pueblo. 

2d. AYUNTAMIENTOS AGGREGATE, composed of small populations, 
each too small to have an Ayuntamiento of its own. 

3d. COMPOSITE AYUNTAMIENTOS, formed of the Ayuntamiento of 
a PUEBLO, to which were joined other small populations. See 50 
of this argument. 

A. D. 1834. 


70. On the 14th day of November, 1834, Governor Figueroa 
communicated to the Military Comandante of San Francisco, that the 
Territorial Deputation, exercising the powers conferred upon it by the 
law of June 23d, 1813, had directed the election of a Constitutional 
Ayuntamiento for the Partido of San Francisco. See Exhibit No. 1, 
to Vallejo's deposition. ADDENDA, No. XXI, page 35. What these 
powers were which were conferred by the law of June 23d, 1813, ap- 
pears from Chap. II, Art. I, as set forth in the Leyes Vigentes, page 
91, where the Provincial Deputations are empowered to aggregate 
populations for the purpose of forming Ayuntamientos, in cases where 
the population of a Pueblo is insufficient for that purpose. The Ayun- 
tamientos thus ordered to be formed, was, therefore, for the purpose of 
giving a municipal government to those small populations of the Par- 
tido which could not otherwise have an Ayuntamiento. It is evident 
that it did not include San Jose, and the reason for this exception was 
that San Jose had had immemorially an Ayuntamiento of its own. 
ADDENDA, No. XXIX. And yet San Jose was within the Partido of 
San Francisco. The Ayuntamiento of the Partido of San Francisco 
was an aggregated Ayuntamiento, constituted under the laws above 
cited from Leyes Vigentes, page 91, Chap. II, Art. I, Id, page 28, 
Arts. II, VIII and IX, 1 White's New Recapitulation, 416, etc. AD- 
DENDA, No. X. This order for the election of an Ayuntamiento, as 
will be seen by consulting it, ADDENDA, No. XXI, page 35, directed 
the election of an Ayuntamiento for the Partido, to reside at the Presi- 
dio of San Francisco, and to consist of an Alcalde, two Councilmen, 
and one Syndic Procurador. 


71. Was this Ayuntamiento of the Partido ever elected and con- 
stituted? Messrs. J. H. McKune and Horace Hawes, in their joint 
printed brief, entitled, " Documents, Depositions and Brief of Law 
" Points raised thereon in behalf of the United States, in Case No. 280, 
" (this same case) before the U. S. Board of Land Commissioners," at 
page 10, after reciting that by Exhibit Nos. 1 and 2, annexed to the 
deposition of M. G. Vallejo, in this case, ADDENDA, No. XXI, pages 
35 and 36, after stating that electors were chosen on Dec. 7th 1834, 
" who were to elect the municipal officers," add : " but whether the elec- 
" tion of Ayuntamiento took place, does not appear from any docu- 


" ment on file." But we are prepared to prove that this Ayuntamiento 
of the Partido was elected, was duly installed, and entered upon its 
functions. For in the inventory of the Documents on file in the Juz- 
gado of San Francisco de Asis, which appears twice in the documen- 
tary testimony, first as Exhibit Hopkins, No. 1, offered by the claim- 
ants, and as Exhibit Hopkins, M, offered by the United States, under 
date of January 1835, appears the record of an oficio, an official com- 
munication, from the government, approving the appointment of a 
Secretary of the Ayuntamiento, and of an Assistant Alcalde for Contra 
Cosra the Counter-Coast, the other side of the Bay. The importance 
of this latter oficio will be shown hereafter; we shall meanwhile bear 
in mind that this Ayuntamiento of the PARTIDO had authority for 
appointing Alcaldes for the other side of the Bay. 

A. D. 1835. JANUARY. 


72. But it is equally evident that this aggregate Ayuntamiento 
for the PARTIDO of San Francisco, was immediately superseded by a 
composite Ayuntamiento for the Pueblo of San Francisco. For in the 
same document marked " Exhibit Hopkins, No. 1 " and also M, under 
the date of November, 1834, is a synopsis of an oficio from the Gov- 
ernor directing a census of the population of San Francisco to be taken 
and returned to him. This oficio is lost, existing neither in the Ar- 
chives of the Pueblo nor of those of the Department in any form. See 
testimony of Hopkins and Dwinelle. But the direction was executed, 
for the Governor, under date of January 31st, 1835, announces to the 
same Military Comandante that he had received the census of the 
PUEBLO OF SAN FRANCISCO, by which it appeared that it was enti- 
tled to an Ayuntamiento of its own, composed of one Alcalde, two 
Regidores, and one Sindico Procurador, and directing him to proceed to 
their election accordingly. See Exhibit No. 14 to R. C. Hopkins's 
deposition, printed in the ADDENDA, No. XXIII, page 37. The cen- 
sus of San Francisco disclosed therefore between 50 and 200 inhabit- 
ants. Leyes Vigentes, page 29, Arts. IV and IX. ADDENDA, No. X, 
Arts. 4 and 9, pages 18, etc., because " one Alcalde, two Regidores, and 
one Procurador Syndic " were the officers prescribed for those PU- 
EBLOS whose population was less than fifty and did not exceed two hun- 
dred inhabitants. 

FRANCISCO IN 1834-1835 ? 

73. We have seen in the preceding 72, that the population of 
the PUEBLO of San Francisco in 1834-1835 could not have exceeded 
200 inhabitants. This was established as matter of law, by the census 
returns and the act of the Governor founded on them, as detailed in 
that section. The same result would have been reached proximately 




by statistical data, and calculations founded on them. From the data 
contained in the ADDENDA, No. LXXVI, we obtain the following data 
as to the 


A. D. 






























See ADDENDA, No. XXLVI, page 110. 

These returns in a perfect or aggregate form come no lower than 
1830. In 1842, the aggregate white population of the political juris- 
diction of San Francisco did not exceed 160. See ADDENDA, No. 
LV, page 78, etc. This strongly confirms the official data of the cen- 
sus and order of the Governor, and taking the two together, it shows 
that the population of the Pueblo was less than 200. Moreover, these 
same official returns in the Archives, show that at the same dates 
above mentioned there was the following 


A. D. 






























From all of which we are compelled to infer : 

FIRST : That the whole white population of the PUEBLO of San 
Francisco in 1834-1835 did not exceed 200 inhabitants. For, taking 
the whole population of the Pueblo and Mission at 350 in 1830, as 
above, and at 196 in 1842 (ADDENDA, No. LV), I know of no law of 
estimation which would not give the aggregate population of both 
Pueblo and Mission at more than 200 in 1836, especially as the popu- 
lation of the Pueblo did not begin to diminish until 1833. See 90, 
91 of this argument. But the PUEBLO proper must have had less 
than 200 inhabitants in 1834-5, or four Regidores would have been 
ordered to be elected instead of only two. Law of 1812, ADDENDA, 
No. X, page 19, 4. 

SECONDLY: That the population of the Indian neophytes of the 
Mission of Dolores, although within the political jurisdiction of the 
PUEBLO of San Francisco, yet being in a state of pupilage, and not 
exercising the rights of citizenship, were not counted in the electoral 
basis of a Pueblo. They were like a sandy, marshy, mountainous or 
rocky tract included in a survey of lands, embraced within its boundaries 


but not counted in acres as a part of it. See Ordenanzas de Tierras j 
Aguas, ante 30, ut supra. If any one is inclined to believe in the 
perfectness of these California Archives, let him try to reproduce the 
census of California from the materials there found. Each Presidio 
and Mission was bound to report every three months, and yet I have 
not been able to find any civil reports of the Presidios later than 1832, 
and that one incomplete (Vol. V Missions, page 344), and none for the 
Missions separately later than 1817 (Vol. IV Missions and Colonization, 
page 532.) I have searched myself, and employed the most competent 
assistance of gentlemen familiar with the Archives. Still such data 
may be in the Archives and not yet be discovered, such is the confusion 
which has been introduced there under the so-called " arrangement " 
made by a late special Attorney of the United States. 


74. That this Ayuntamiento for the PUEBLO of San Francisco 
was elected and organized, appears from the acts of election. ADDEN- 
DA, Nos. XXX, page 47, and XXXV, page 53, being Exhibits 3, 8, 
and 9, to the deposition of Vallejo, in the case. It was also recognized 
as the Ayuntamiento of the PUEBLO by the General and Departmental 
Junta or Legislature. ADDENDA, No. XXVI, page 42, etc. ; No. 
XXIX, pages 44, etc., and in various other proceedings to which refer- 
ence will be made in the course of the argument. It is never styled the 
Ayuntamiento of the PARTIDO, but always called the Ayuntamiento 
of the PUEBLO. It therefore superseded the Ayuntamiento of the 
Partido. Instead of being an aggregated Ayuntamiento composed of 
small populations in the PARTIDO, it was an Ayuntamiento of the 
PUEBLO, to which various small populations of the Partido were aggre- 
gated, or, as I have styled it, ante 30, a composite Ayuntamiento. 

75. If it be asked, where is the official act, the espediente of the 
formation of this Ayuntamiento of the Pueblo of San Francisco, we 
ask in reply, where did we find the expediente of the formation of the 
Ayuntamiento of the Pueblo of Santa Barbara, which is in evidence 
in this cause ? Was it found in the Archives, where it ought to have 
been found ? It was found in private hands, and if the Archives alone 
had been relied upon, that document would never have been forthcoming. 
But we do find fragmentary records of the existence and continuance of 
this Ayuntamiento of the Pueblo of San Francisco in Exhibits Nos. 3 and 
6, annexed to the deposition of M. G. Vallejo, ADDENDA, No. XXVI, 
page 42, No. XXX, page 47 ; and Exhibits 8 and 9, annexed to the 
same deposition, ADDENDA, No. XXXV, page 53, 54 show the forma- 
tion of the electoral college of the same Ayuntamiento of the Pueblo, on 
December 3d, 1837, and the election of the Ayuntamiento by that col- 
lege, on January 8th, 1838. Are we asked to call Vallejo? The ex- 
pediente could never have been properly in his custody, for it belonged 
to the Archives of the Government ; he could therefore depose only 
orally to a disputed fact, and in so doing, must contradict his testimony 


already given in the case. We know of no rule which compels us to 
call a witness whom our adversaries insist on discrediting, or to con- 
sume the time of the Court in demonstrations which must be utterly 
fruitless. Tie book of elections mentioned in Exhibit No. 1, to the 
testimony of R. C. Hopkins is unfortunately " lost." See testimony of 
R. C. Hopkins, and J. W. Dwinelle. 


76. I have said that the only Ayuntamiento of whose actual forma- 
tion and continued existence we have any record, was always spoken 
of as that of the PUEBLO of San Francisco. In Exhibit No. 3 to the 
deposition of Vallejo, ADDENDA, No. XXX, page 47, San Francisco 
is twice spoken of as a Pueblo ; in Exhibit No. 6 to the deposition of 
Vallejo, ADDENDA, No. XXVI, page 42, on October 26, 1835, it is 
spoken of in a letter to the Alcalde of San Francisco, as the "Ayun- 
tamiento of that PUEBLO" "' el Ayuntamiento de ese PUEBLO," and 
the Alcalde is directed to inform the " inhabitants of that PUEBLO " 
that the Ayuntamiento could grant solares at Yerba Buena, showing 
that the Ayuntamiento of the PARTIDO was not then in existence, but 
that the Ayuntamiento of the PUEBLO was. The acts of election of 
this Ayuntamiento again appear in 1835, 1837 and 1838, in Exhibits 
Nos. 3, 8 and 9 to Vallejo's depositions, ADDENDA, No. XXX, page 
47, No. XXXV, page 53, always held in the PUEBLO of San Fran- 
cisco. On the 30th of May, 1835, certain petitioners, describing them- 
selves as residents of the Ranches of the North, San Antonio, San 
Pablo and those adjoining, petition the Governor, representing that they 
are attached to the jurisdiction of the port of San Francisco, and ask- 
ing to be detached therefrom, and attached to the jurisdiction of San 
Jose. Document C, P. L. in the case. ADDENDA, No. XXIX, page 
44. The Governor directs informes (reports) to be- made by the 
Ayuntamientos of the PUEBLOS of SAN JOSE and SAN FRANCISCO and 
the expediente is returned to those Ayuntamientos accordingly. Id. 
When completed, it was to be accompanied with a list of the inhabit- 
ants of the " PUEBLO of San Francisco." The Ayuntamiento of San 
Jose in their report state that the petitioners had formerly belonged to 
that jurisdiction. See the same document. From this one expediente, 
several facts are apparent : 

FIRST : That the inhabitants of these ranchos were not a constituent 
or essential part of the Ayuntamiento of San Francisco, but were only 
attached, or aggregated to it under Article IX of the decree of May 
23d, 1813, Leyes Vigentes, page 29, 1 White's Recopilacion, 418, 
2 and 9. ADDENDA, No. X, pages 19, 20, 2, 9. See 50 ante. 

SECONDLY : That it was the Ayuntamiento of the PUEBLO of San 
Francisco, from which they wished to be detached and annexed to the 
Ayuntamiento of the PUEBLO of San Jose. 

THIRDLY : That although the PUEBLO of San Jose and the Pueblo 
of San Francisco were both in the same PARTIDO, yet each PUEBLO 
had its own AYUNTAMIENTO. 


FOURTHLY : That there was no longer any Ayuntamiento for the 
PARTIDO of which San Francisco was the cabecera, or capital. 

A. D. 1835. 

77. We see, therefore, that there was a complete PUEBLO of San 
Francisco, with its own Ayuntamiento, and thus possessing the highest 
political organization known to the laws of Spain and Mexico. For, a 
Pueblo thus organized under Article IV of the Law of May 23, 1812, 
with one Alcalde, two Regidores, and one Sindico Procurator, Leyes 
Vigentes, page 28, ante 47-51, ADDENDA, No. X, page 18, etc., 
had as high a political capacity as those Pueblos with -two Alcaldes, 
and eight, twelve, or even sixteen Regidores, as provided in that and 
the succeeding article. In each and every case, the Ayuntamiento of 
a Pueblo possessed the general functions and powers usually belonging 
to Spanish, French and English Common Councils (Councils of the 
Commune) and which are * defined at great length in the Leyes 
Vigentes, page 85, etc. Decretos de 23 de Junio de 1813, Instruccion 
para el gobierno economico politico de las provincial. Capitulo I, De 
las obligaciones de los Ayuntamientos ; Decree of June 23d, 1813. 
Directions for the politico-economical government of the provinces 
(California was a Department after the Revolution of 1821) ; Chapter 
I, concerning the duties of Ayuntamientos, Leyes Vigentes, 50, ut 
supra. See also Decreto de 9 de Octobre de 1812; Reglamento de 
las audiencas y juzgados de primera instancia ; Capitulo III. De los 
Alcaldes constitutionales de los Pueblos Concerning the constitutional 
Alcaldes of the Pueblos ; showing that these Alcaldes belonged to the 
same constitutional system as the Ayuntamientos of Pueblos, Leyes 
Vigentes, pp. 35, 50; 1 White's Recopilacion, 419, etc. See by com- 
parison, Merlin, Repertoire de Jurisprudence, Vol. 5, p. 191, title 
Commune. The title of Villa, which some Pueblos had, was only 
one of dignity, as that of Ciudad, city, was of nobility ; neither con- 
ferred any increase of political or municipal power or consideration. 

A. D. 1835. JUNE. 


78, Among the papers mentioned in the list of PUEBLO Ar- 
chives contained in the document Exhibit No. 1 to testimony of R. C. 
Hopkins, is the following : " 1835, June. A reply to the petition made 
" by the Ayuntamiento in relation to the assigning of ejidos and lands 
" for propios" This document is one of the lost documents ; the 
original, is not to be found in the Archives, nor is its duplicate among 
the PUEBLO papers. It seems, therefore, that the Ayuntamiento of 
San Francisco, in 1835, thought that that PUEBLO was entitled to 
Ejidos, and Propios, respecting which see 11 and 14 of this argu- 
ment. The Departmental Junta was not in session from Nov. 3d, 


1834, to August 5th, 1835. California Archives, Legislative Records, 
Vol. II, pages 247-250. September, 1835, Don Lorenzo Quijas, the 
missionary monk at the Mission of Dolores, petitioned to have ejidos 
assigned for that Mission ; but this petition was rejected by the De- 
partmental Junta. Ibid, pages 600, 282. It thus appears that the 
Pueblo of San Francisco and the Mission of Dolores were not at that 
date confounded with each other. 

A. D. 1835. 



79. The theory of secularization was a plausible one. It was : 
that the country having been colonized, and the Indians converted, the 
Missionary system had thus become spent by accomplishing its object ; 
that the system of Secular curacies a normal one in the church 
should now be substituted in their stead, and the population around 
them established in villages ; that the Monks, who were mostly Span- 
iards, and, as such, nationally unpopular, and supposed to be hostile to 
the newly acquired " Independence," should be got out of the country ; 
leaving California fully colonized, with uniform and homogeneous 
institutions, united, prosperous and contented. Ante, 26, etc. But, 
beneath these specious pretences, was undoubtedly a perfect under- 
standing between the Government at Mexico and the leading men in 
California, that such a condition of things should be created that the 
Supreme Government might absorb the " Pious Fund " under the pre- 
tence that it was no longer needed for missionary purposes, and thus 
had reverted to the State as a quasi escheat ; while the co-actors in 
California should appropriate the local wealth of the Missions, by the 
rapid and sure process of " administering " their temporalities. The 
history of the " Pious Fund " already given (ante, 60 to 68 of this 
argument), and that of " Secularization," hereafter sketched in this 
argument, leave no doubt of the truth of this proposition. Already on 
August 17th, 1833, the Mexican Congress had ordered the Missions 
to be secularized, the object being to convert the Missions into vil- 
lages, the Indians into citizens, and the Mission chapels into parochial 
churches, under the charge of secular Priests. See ADDENDA, No. 
XV, page 26. This scheme was attempted to be carried into effect by 
Governor Figueroa, who adopted certain " Provisional Rules for the 
Secularization of the Missions," bearing date August 9th, 1834, and 
which were to be put in force in August, 1835. See ADDENDA, No. 
XIX, page 31, Art. I. These regulations were approved by the Cali- 
fornia Legislature on Nov. 3d, 1834, and further steps taken by them 
to provide for the payment of the parochial priests. See ADDENDA, 
No. XX, page 34. It will be seen by examining the provisions of 
these three laws that they contemplated the gradual change of these re- 
ligious communities into civil municipalities, that their property, (flocks, 


etc.) should pass at once into civil administration, and that secular 
priests should take the place of the missionaries. That administrators 
did at once assume the charge of the temporalities of the Missions is 
very evident, for in September, 1835, we find Flores acting as Admin- 
istrator of the Mission of Dolores. ADDENDA, No. XXV, page 39. 
But greedy and ready as the Administrators were, the parochial 
priests were not forthcoming, and consequently the President of Mexi- 
co, by decree of November 7th, 1835, suspended the execution of the 
law of secularization until the parochial curates should appear and 
take possession of the Missions ; that is, suspended the law for the 
time being. See ADDENDA, No. XXVIII, page 43. Governor Al- 
varado, in his " Regulations respecting Missions," of January, 1839, 
states explicitly that the secularization of the Missions had not yet at 
that late date been effected, while they had been plundered by persons 
acting as administrators. ADDENDA, No. XXXVII, page 55, pream- 
ble and Art. I. We shall bear in mind, then, that during the period 
from 1833 to 1839, the secularization of the Missions of California 
had been decreed by law and regulated by " Provisions," all of which 
were suspended, and not carried into effect any further than to place 
the Missions in the charge of administrators who " administered " them 
much as Santa Anna administered the " Pious Fund of California," 
ante, 67, 68. Meanwhile there was no Indian Pueblo at Dolores, 
but the Indians still lived in community there. See all the documents 
cited in this section. 

A. D. 1835. 


80. Meanwhile, it having been determined that the Missions 
should be plundered, private individuals began to petition for grants of 
grazing lands, which, when obtained, were for the most part stocked 
with the spoils of these religious establishments. 1 De Mofras, 301, 
303, 390. Among such grants were many from the lands of various 
Pueblos, and in the number of these is that of San Francisco. It is 
necessary now to inquire by what right the Governor could make such 
grants of Pueblo lands ? 



81. There are several principles enunciated in the case of Brown 
against the City of San Francisco, 16 California Reports, 451, upon 
any of which the authority of the Governors of California to make 
grants of lands situate within the limits of Pueblos, may be sustained ; 
and that they had such authority, that case decides expressly in point. 
Independently of any express authority being shown, such authority 
will be presumed. United States vs. Perchman, 7 Peter, 95. But 
the true source of that power seems to be in that enactment made by 
the Cortes of Spain on the 4th of January, A. D. 1813, to which I 


have before referred, ante 52, which is one of the laws that survived 
the Mexican Revolution, and is contained in the Leyes Vigentes, at 
page 56. It is printed in full in the ADDENDA, No. XI, at pages 20, etc. 
Section 1 of this decree provides that all the lands and property of the 
Pueblos, both in Spain and beyond the seas, except the ejidos, or 
commons, (vacant suburbs) should be reduced to private ownership ; 
while Article 3d enacts that, in the distribution of the lands, prefer- 
ence should be given to the residents of the respective Pueblos " Los 
vecinos de los Pueblos en cuyo termino existen." No other authority 
was needed. 

A. D. 1835. 

82. Several espedientes of grants of lands in the vicinity of San 
Francisco have been introduced in evidence, and they all illustrate the 
views which I have endeavored to enforce, and shed a strong light 
upon the progressive growth of the PUEBLO of San Francisco. The 
first in order of date is the " Espediente sobre el Parage nombrado 
" ' Laguna de la Merced,' solicitado por Jose Antonio Galindo." " Es- 
" pediente for the place called 'Laguna de la Merced,' (Lake of Mercy,) 
" petitioned for by Jose Antonio Galindo." This is the espediente No. 
10, in Wm. Carey Jones' list, U. S. Senate Documents, 1850-1851, 
Vol. 3, Doc. 18, p. 95, etc., and set forth in Exhibit Hopkins, No. 12, 
duplicated in Exhibit Hopkins, R, and printed in the ADDENDA, No. 
XXV, at page 38. The espediente commences with a petition of 
Galindo to the Superior Political Chief (Governor) for the Rancho 
known as " La Laguna de Merced," dated at San Francisco, Aug. 15, 
1835. The land is described in the petition as "vacant, lying near 
" San Francisco and Dolores." The Governor, in the marginal 
informe, dated Sept. 5, 1835, directs the "Ayuntamiento of San Fran- 
" cisco to report whether the interested party has the requisite qualifi- 
" cations. Whether the land * * * is the property of any 
" individual, Mission, corporation or Pueblo/' (corporacion 6 Pueblo,) 
and after they had made their report to " transmit the espediente to 
" the superintendent of the Mission, that he may report also :" " al 
" Senor mayor domo de la misma Mission para que esponga lo que le 
" ocurra sobre el particular." The Ayuntamiento of San Francisco, 
by a report dated at San Francisco, Sept. 10th, 1835, (el Ayuntamiento 
de esta demarcacion,) state " that the land formerly belonged to the 
" Mission of San Francisco, from which it is one league distant, to the 
" west, that the land is almost worthless, which is all that this corpo- 
" radon (esta corporacion) has to say in the matter." This report is 
signed by Francisco De Haro as President of the Ayuntamiento, and 
by Francisco Sanchez as Secretary. The espediente next contains the 
report of Guermecindo Flores, Superintendent of the Mission, dated 
at Dolores, Sept. 13th, 1835, which states " that the lands belong to 
this Community," (Comunidad,) [see ante 17] that " it is at the 
" distance of a little more than a league from it and not occupied by 
" it, but, as the ejidos and propios which, it seems to me, will remain 


" to this (place) when it shall be erected into a Pueblo are not yet 
" designated. I do not know whether or not they will embrace this 
" land, or whether or not they can be granted without injury to this 
" community. (Pero con motivo que no estan aun sefialados los ejidos 
" 6 propros que me parece quedaran a esta cuando se erija en Pueblo, 
" etc)." The espediente was carried forward to its conclusion, and the 
land granted to the petitioner, being approximately the tracts marked 
" Merced " and De Haro on the accompanying map. 

From this espediente several important facts appear : 

FIRST : That although the term San Francisco was often applied 
to the Mission of Dolores, because it was the Mission " de los Dolores 
de San Francisco de Asis," yet when official acts or proprietary rights 
were concerned, the two were kept perfectly distinct. Here, in the 
same petition, these two places are spoken of as " San Francisco and 
Dolores," and while all documents relating to San Francisco are dated 
at that place, yet those relating to the Mission are dated at Dolores. 

SECONDLY : That there was at that early date an " Ayuntamiento 
of San Francisco," which had a President and Secretary, and which 
styled itself a " corporation." 

THIRDLY : That although there was at that early date a " PUEBLO 
of San Francisco," (see 72 to 77,) yet that this PUEBLO was not 
at the Mission of Dolores, for we find the mayor domo of that Mission 
expressing his hopes that the Mission would yet be erected into a 
PUEBLO : hopes which he may be pardoned for entertaining in the 
second year of the secularization of the Missions. 

FOURTHLY : That the Mission is always spoken of as a community, 
(comunidad,) the Missions and the Indian Pueblos always enjoying 
their property in that form. See ante 17. 

FIFTHLY ; That the lands petitioned for being within or near the 
four leagues claimed for the PUEBLO of San Francisco the Ayunta- 
miento of that "corporation" were consulted on the subject. The 
Administrator of the Mission was consulted because that establishment 
had still an existing servitude in the lands : the Ayuntamiento of 
San Francisco was consulted because that PUEBLO might have the 
ultimate right to the lands themselves. The lands are spoken of by 
the Administrator of the Mission as " belonging to it," a thing which 
was impossible. Ante, 26. Doubtless they had formerly been in 
the possession of the Mission, though Flores reports that they were 
not now in its possession. The Ayuntamiento of San Francisco report 
that the lands are worthless, and so beneath their concern. 



83. In 1835, after the establishment of the Ayuntamiento of the 
Pueblo of San Francisco, Don Jose Joaquin de Estudillo petitioned 
De Haro, the Judge of First Instance, at San Francisco, for a grant of 


a building lot and of a suerte for cultivation. The Judge of First 
Instance referred the matter to Governor Figueroa, who, on August 6th, 
1835, replied that the Ayuntamiento had not the power to grant such 
lands. See ADDENDA, No. XXIV, page 37. But this reply does not 
seem to have .been either right or acceptable, for the matter was after- 
wards brought before the Territorial Deputation of Upper California, 
who, on the 22d of September, approved that the " Ayuntamiento of 
that PUEBLO " might make such grants, and Governor Castro in his 
order of October 27th, 1835, directs the Alcalde of San Francisco to 
make the decision of the Territorial Deputation known to " the inhab- 
itants of that PUEBLO." See ADDENDA, No. XXVI, page 42. From 
this document last cited, three things are evident : 

FIRST : That in September, 1835, the Territorial Legislature of Up- 
per California were of opinion that there was a " PUEBLO of San 
Francisco," and an "AYUNTAMIENTO OF THAT PUEBLO," which, con- 
sequently, was not the Ayuntamiento originally established for the 

SECONDLY : That in October, 1835, Governor Castro was of the 
same opinion. 



84. For, if the Ayuntamiento of the Pueblo of San Francisco 
had the power to grant lands, IT COULD BE ONLY BECAUSE SUCH 


I have before shown that the law passed by the Cortes of Spain, on 
January 4th, 1813, directing all the lands and other property of the 
PUEBLOS to be sold or granted in private ownership, was held by the 
Mexican jurisconsults to have survived the Mexican Revolution of 
1821. See 52 of this argument. Also, Leyes Vigentes, Preface, 
pages i to. iv. Also, ADDENDA, No. XI, page 20. But in the re- 
cent case of the United States vs. Vallejo, 1 Black, St. S. S. C. Re- 
ports, page 541, decided in 1862, the Supreme Court of the United 
States decided that this enactment by the Cortes of Spain, in 1813, so 
far forth as the Crown Lands [or public lands], was repealed by the Col- 
onization Laws of Mexico, enacted in 1824 and 1828. See 81 of this 
argument. See these laws of Colonization, ADDENDA, No. XII, page 
23, Id. No. XIV, page 25. But as these laws of Colonization thus 
repealed all former laws relating to public lands ; and as by their terms 
these public lands could be granted only by the Governor, who had no 
power to delegate this authority, Law of 1824, ADDENDA, No. XIV, 
page 25, 1, 2, 3, 4 ; and as lands belonging to private persons, corpo- 
rations or PUEBLOS were excepted from the provisions of these Colo- 
nization laws, Law of 1824, ADDENDA, No. XII, page 23, 2 ; and as 
the Ayuntamiento of San Francisco had the power to grant these 


lands, see preceding 83 ; it therefore follows : that the Pueblo of San 
Francisco, not being a private person, but still owning lands not subject 
to the Colonization Laws, and which it had the power to grant, was 
either " a corporation or a PUEBLO," 2 above : in other words, was an 
organized PUEBLO, and, as such, was a CORPORATION, or, at least, a 
quasi CORPORATION. The established fact that the Ayuntamiento of 
the Pueblo of San Francisco could thus grant lands, becomes decisive 
of the ownership of lands by that Pueblo. And this also shows that 
whereas the lands belonging to Pueblos were excepted from the opera- 
tion of the Colonization Law of 1824, see ADDENDA, No. XII, page 
23, 2, that law survived as to the lands owned by such Pueblos, and 
consequently the source of the power of Ayuntamientos of Pueblos to 
grant such lands is to be found in that act of the Cortes of Jan. 4, 1813, 
which expressly gives it to them. See the act of the Cortes, ADDEN- 
DA, No. XI, page 22, 15 to 17 inclusive. So that Governor Castro 
and the Departmental Legislature proved themselves better lawyers in 
this point than Governor Figueroa, See ante 83. 

85. It thus appears that the Ayuntamiento of San Francisco had 
the power to grant solares to the vecinos of the Pueblo. By what right ? 
Not from the colonization law, for this gave no such right to towns ; 
nor was any power of granting lands under that law capable of being 
delegated by the Governor or Departmental Junta to an Ayuntami- 
ento, and yet the power was by the Governor and Departmental Junta 
declared to exist in the Ayuntamientos of the Pueblos, and was 
exercised by them for years without question, in face of the coloni- 
zation laws of 1828. The right, then, was superior to the colonization 
laws, and anterior to them ; founded on the laws of Old Spain, and 
therefore expressly excepted from the operation of the colonization 
laws. In the decree of August 18, 1824, respecting colonization, 1 
Rockwell, 451, ADDENDA, No. XII, page 23, Sec. 2, it is declared : 
" The objects of this law are those national lands which are neither 
" private property nor belong to any corporation or pueblo, and can, 
" therefore, be colonized." The Pueblos, therefore, by their constituted 
agents, the Ayuntamientos, had an original power to make grants of 
these lands ; and the validity of an execution of this power was not 
in any degree impaired by the fact that the Governor, representing the 
Sovereign as the supreme visitor of all corporations, could also make a 
beneficial disposition of such of these lands as had not been granted 
by the Pueblo, by conceding them to vecinos of the Pueblo. 



86. In 1835 a grant was made to Don Jose Sanchez, of the 
Rancho Buri-Buri, see Jones's list, No. 20, and juridical possession 
was to be given to him. See the accompanying map : " BuRi-BuRi." 
This matter was intrusted to De Haro, who was Judge of First 
Instance in San Francisco. The Pueblo of San Francisco was thus 
represented in the person of its first officer. He therefore gave notice 


to the Mayordomo of the Mission of Dolores, to appoint his surveyor, / 
and appear in court for the purpose of making the survey and finishing 
the proceeding. See ADDENDA, No. XXVII, page 43. The survey 
appears to have been had, and to have been wrong, as interfering with 
the private rights of certain Indians to whom tracts of land had been 
previously granted in private ownership ; for which reason the then 
Governor, Gutierrez, ordered a new survey. See ADDENDA, No. 
XXXII. It has been attempted from these proceedings to draw the 
conclusion that the Mayordomo of the Mission of Dolores [de San 
Francisco] having been summoned to take part in these proceedings as 
the only coterminous neighbor (unico colindante) of the grantee of the 
Rancho of Buri-Buri, therefore the Pueblo of San Francisco could 
have no ownership or interest in the lands. But in reply it is to be 
remarked : 

First. That by the previous laws the Catholic Missions in Cali- 
fornia, although not recognized as the owners of lands, were recognized 
as possessing an easement or servitude in the lands actually occupied 
by them, until that easement or servitude should be terminated by 
some legal official act. Ante 26. 

SECONDLY: That by 17 of the Regulations of colonization of 
1828, the lands occupied by the Missions could not be granted in colo- 
nization until some proceeding in the nature of an inquest of office had 
been had in regard to them. See the Law, ADDENDA, No. XIV, page 
26, 17. How, then, could lands adjoining a mission be granted 
without summoning the officer representing the Mission as the only 
coterminous neighbor in possession? In our Anglo-American law, 
when a railroad or other corporation wishes to condemn lands, is a 
tenant in possession of the lands to be regarded at all, or is he entitled 
to be summoned and heard ? But in the case in hand we see that 
the Pueblo of San Francisco was represented by the very officer who 
was to superintend the proceedings, and that the Mayordomo of the 
Mission, representing only an easement or servitude, was duly sum- 

THIRDLY : That on consulting the maps it is doubtful whether any 
of the lands in question were within the four leagues of the PUEBLO, 
but its authorities were notified, as the lands might be within those four 

A. D. 1836. 


87. The Territorial Legislature having decided that the Ayun- 
tamiento of the Pueblo of San Francisco had the power to make 
grants of building lots, (see ante, 83, ADDENDA, No. XXVI, page 
43,) that Ayuntamiento immediately began to exercise this right. 
Among other grants was one made to William Richardson, bearing 
date June 1st, 1836, which is printed in full in the ADDENDA, No. 
XXIV. Other grants of the same kind are in evidence in the case, 
but this will serve as a sufficient specimen of the whole. From this 


one it appears not only that the Ayuntamiento exercised this right of 
granting lands, but *hat it considered and styled itself a " corporation." 


88. The next espediente in order of date, of a grant of sitios 
near the Pueblo lands, is that of Francisco De Haro for the Rancho 
San Pedro, (see " SAN PEDRO " on the accompanying map of the 
petition,) being dated at the port of San Francisco, Nov. 22d, 1835, 
and the grant made on March 14, 1836. Exhibit Hopkins, S. AD- 
DENDA, No. XXXI, page 48. De Haro states that the land has for- 
merly been occupied " by the Indians of the Pueblo of Dolores," but 
is not now occupied by them. Perhaps he thought that the secular- 
ization of the Mission had converted it at once into an Indian Pueblo. 
But the Governor did not think so, for in his informe dated Feb. 26, 
1836, he directs " the Administrator of the Ex-Mission of San Fran- 
" cisco de Asis to report upon the petition," and Flores, the Adminis- 
trator, reporting upon it on March 9th, 1836, styles it the Ex-Mission, 
(esta Ex-Mision,) and says that the lands are more than four leagues 
distant from it ; but he states that, in his opinion, the tract " should 
"remain to this ' COMMUNITY,' when it shall be erected into a Pueblo; 
" (Pero con motivo de no estar senalados les ejidos 6 proprios que me 
"parece deben quedar h este cuando se erije en Pueblo.") In fact the 
Mexican Government, by a decree of November 7th, 1835, had sus- 
pended for the time being the further execution of the secularization 
laws, so that no Indian Pueblos could for the present be formed, and 
doubtless both the Governor and Administrator knew that fact. See 
the decree, 1 Rockwell, 462. Halleck's Report, Appendix, No. 16. 
Jones' Rep., 63. ADDENDA, No. XXVIII, page 48. From this last 
expediente also it is apparent : 

FIRST : That although there was a PUEBLO OF SAN FRANCISCO, 
with an Ayuntamiento, Alcaldes and Rejidores, ( 72 to 77,) there 
was no PUEBLO at the Mission of Dolores, which still lived only in 
the expectation of being erected into an Indian Pueblo at some future 

SECONDLY : That this Indian Pueblo HOPED to have ejidos assigned 
to it at a place called San Pedro, which was four leagues from the 
Mission of Dolores, and consequently nearly five leagues from the 
PUEBLO of San Francisco, and therefore far beyond the lands claimed 
by it. 

THIRDLY : That the reason why the municipal authorities of the 
Pueblo of San Francisco were not consulted upon this espediente was, 
because the lands were far beyond the limits of its own property, that 
is to say, beyond the limits of the four square leagues belonging to the 
PUEBLO of San Francisco. 

FOURTHLY. That this espediente fully justifies the definition I have 
given of the word PUEBLO in 9 of this argument: that is, in a 
general sense, a hamlet, a village or any other settlement ; but in an 
exalted and specific sense, an organized town, a body politic and cor- 


porate. Here, in this same expediente we find the petitioner styling 
the Mission of Dolores the PUEBLO of Dolores, and the administrator 
of the Mission declining to recommend the prayer of the petition, 
because the Indians who then lived in COMMUNITY, (see 17 of this 
argument,) hoped thereafter to become a Pueblo, or as the Spanish has 
it " to be erected into a Pueblo." How, then, is this to be explained ? 
Dolores a PUEBLO, and still expecting to be erected into a PUEBLO ? 
The explanation is simple : the Mission of Dolores was a PUEBLO in 
the generic sense of hamlet, village or settlement : it hoped to be erected 
into a PUEBLO an organized town, or PUEBLO politic and corporate. 
See 9 of this argument. That the Mission of Dolores had not 
been erected into an organized PUEBLO, politic and corporate as late 
as April 8th, 1844, will appear hereafter in 114 of this argument; 
that it was never erected into such a PUEBLO will appear in 118 of 
this argument. 

A. D. 1838. 


89. How long did this Ayuntamiento continue ? We find evi- 
dence of its existence down to the year 1838, as above referred to, in 
Exhibit No. 9, annexed to the deposition of M. G. Vallejo. We find 
in Exhibit No. 1, and duplicated M, annexed to the deposition of R. 
C. Hopkins, under date of December, 1835, and January, 1836, men- 
tion made of Joaquin Castro, who was then Regidor, and also, in Janu- 
ary and July, 1836, of Gregorio Briones and Jose de la Cruz Sanchez, 
who were then Regidores; and in December, 1837, of the then Sindico, 
Bias Angelino. But it is probable that the Ayuntamiento elected in 
January, 1838, ut supra, was the last Ayuntamiento of the Pueblo. 
We have already adverted to the fact stated in the Decreto de 23 de 
Mayo de. 1812 Leyes Vigentes, p. 28, Art. II, ante 47, ADDENDA, 
No. X, page 19, Art. II that Pueblos might lose their Ayuntamientos 
by diminution of their population. We find in the Message of the 
Governor to the Departmental Junta, delivered on February 16th, 
1840, the following passage : " There is no Ayuntamiento whatever 
" in the Department, for there being no competent number of inhabit- 
" ants in any of the towns, as provided by the Constitution, those then 
" existing had to be dissolved ; and only in the capital there ought to 
" be one of such bodies." Document D.P.L. in the case. See AD- 
DENDA, No. L, page 70, title Ayuntamientos. It is thus evident that 
between the election of the Ayuntamiento of the Pueblo in January, 
1838, and February, 1840, that body had ceased to exist, because its 
electoral basis of population required a numerical figure higher than 
that represented by the actual population. 


90. The reason of this failure of the requisite basis of popula- 
tion was two fold. For by the Mexican Constitution of 1836, the 


population requisite to sustain an Ayuntamiento was raised to four 
thousand in sea ports, and to eight thousand in other Pueblos, and in 
those Pueblos not thus qualified in point of population, Justices of the 
Peace were to be appointed with the powers of Ayuntaraientos. Sixth 
Constitutional Law of 1836. ADDENDA, No. LXIX, page 100, Art. 
22. De Mofras states, Vol. 1, page 222, that official despatches were 
often a year in the passage between California and Mexico. Governor 
Alvarado in a proclamation dated January 17th, 1839, states that he 
has just received in the last mail a Law of Elections passed on Novem- 
ber 30th, 1836 from the -Supreme Government to be put in force in 
California. Exhibit No. 10, to testimony of Vallejo. ADDENDA, No. 
XXXVIII, page 57. Meanwhile the primary and secondary elections 
for the Ayuntamiento of 1838 had taken place. Exhibits 8 and 9 to 
Vallejo's deposition. ADDENDA, No. XXV, page 53. This was the 
last Ayuntamiento of the PUEBLO under the Mexican dominion. 


91. It is easy to indicate the causes of an actual diminution of 
population in the Pueblos. The first law for the secularization of the 
Missions was passed in 1833. These laws, whose ostensible purpose 
was to covert the Missionary establishments into Indian Pueblos, their 
churches into parish churches, and to elevate the christianized Indians 
to the rank of citizens, were, after all, executed in such a manner 
that the so-called secularization of the Missions resulted only in their 
plunder and complete ruin, and in the demoralization and dispersion 
of the christianized Indians. So complete was this ruin that the num- 
ber of Mission Indians which was 30,650 in 1834, had diminished to 
4,450 in 1842; and the number of horses, mules, cattle and sheep 
which was 808,000 in 1834, had sunk to 63,020 in 1842. See the 
Statistical Tables, 1 De Mofras, 320 ; and ADDENDA, No. LXVII, 
page 97. Only a single grant of land was made under the colonization 
laws before the year 1833, but with that new era of secularization and 
plunder commenced the granting to private persons, under the coloni- 
zation laws, of lands which were afterwards stocked with horses, cattle 
and sheep from the spoils of the Missions. During the period above 
indicated from 1833 to 1842, inclusive, more than three hundred grants 
were rn^de in colonization, as appears from the espedientes preserved in 
the archives. See the list in Wm. Carey Jones's Report. The grantees 
of these lands became for the greater part rancheros upon the domains 
thus conceded to them, and this immense drain upon the population of 
the Pueblos, in a department whose whole white population did not 
exceed 5,000 as late as the year 1842 (1 De Mofras, 318, 319,) must 
have greatly weakened all the PUEBLOS, while it certainly nearly 
depopulated Branciforte, and perhaps others. The process of the 
" scattering of the inhabitants from the fact that each one has his 
" agricultural and stock interests at a great distance from this place," 
(San Francisco) is described in so many words by De Haro, Alcalde 
in 1839 in Exhibit Hopkins K, ADDENDA, No. XLI, page 61. 



92. But the Pueblo did not therefore cease to be a PUEBLO 
did not lose its political or quasi-corporate character. The only result 
was that under a law of March 20, 1837, which is recited in the pro- 
clamation of Micheltorena of November 14th, 1843, Exhibit 11 to 
Vallejo's Deposition, ADDENDA, No. LVII, page 84, the government 
of the PUEBLO fell into the hands of the Justices of the Peace, who 
formed a Municipal Junta for that purpose. See ante 90 and Con- 
stitutional Law of Mexico of 1836. ADDENDA, No. LXIX, page 
100, Arts. 22, 29, etc. But the Ayuntamiento itself was not abolished. 
It was only suspended. The moment that the population should 
reach the requisite number of 4,000, the Pueblo would again be 
entitled to its Ayuntamiento. Const. 1836. ADDENDA, No. LXIX, 
Art. 22, page 100. Accordingly we shall find that when the Pueblo 
of San Francisco, after the American conquest of California, attained 
the requisite population, it again elected its Ayuntamiento, not under 
any provision of the laws of the conquerors, but under these very pro- 
visions in the Mexican Constitution of 1836, under which the Ayunta- 
miento of the Pueblo was suspended in 1839. See ADDENDA, No. 
LXXV, page 108, and No. LXXVII, page 111. 


93. In January, 1839, Governor Alvarado promulgated certain 
regulations respecting Missions. See ADDENDA, No. XXXVII, page 
55. This document is of importance only because it shows that hitherto 
the secularization of the Missions had not taken effect, but had only 
been attempted, and that the Missions, including Dolores, had not yet 
been converted into Indian Pueblos, but that the Indians were still 
living in them in COMMUNITY. See ante 17. These regulations 
were followed by others promulgated in March of the same year, which 
have the same, but no further importance in the case. See ADDENDA, 
No. XXXIX, page 57. It will be observed that all these regulations 
contemplate the secularization of the Missibns as a thing still to be 
accomplished, whereas I have shown that the PUEBLO OP SAN FRAN- 
CISCO was already in existence. Ante 74 to 78. The effect of 
these regulations was to complete the ruin of the Missions. 

1839. FEBRUARY. 

94. The causes which had weakened the Pueblo of San Fran- 
cisco, as before related, had been so [effective that in February, 1839, 
Jose Antonio Galindo, who, in his expediente of 1835, for the Laguna 
de Merced, see ADDENDA, No. XXV, page 39, is described by Justice 
De Haro as " an honest man," seems now to have lapsed into the posi- 
tion of a criminal, and the same Justice De Haro reports to the Gov- 


ernor that the population having become rancheros, there are few re- 
maining at San Francisco to guard him, and as there is no jail, the jus- 
tice asks that Galindo be sent to San Jose" for security. See ADDEN- 
DA, No. XLI, page 61. This document is curious, but not important. 
It illustrates the primitive simplicity of the golden age in Upper Cali- 
fornia, in which the cause came always before the effect, and no neces- 
sity was found for jails, until criminals existed to be restrained of their 
liberty. Happy was San Francisco, to whom the " fact " criminal had not 
yet suggested the word ** jail :" less happy, but more wise San Jose, 
whose experience had already advanced to the word and fact of 

A. D. 1839. 

95. By a law promulgated November 30th, 1836, under the Mex- 
ican Constitution of that year, definite rules were established for the 
election of deputies to the General Congress, and of members to the ' 
Juntas of the Departments, [or Departmental Legislatures.] The 
terms of this law are of no importance to the present discussion ; the 
law provided for a Primary election of Electors, and a Secondary elec- 
tion, in which the Electors were to choose the Deputies to Congress 
and tluj members of the Departmental Junta. See the law at large : 
" Bases y Leyes Constitucionales de la Republica Mejicana, decretadas 
"por el Congreso General de la Nacion en el ano de 1836. Mejico, 
,"imprenta del Aguila, dirigida por Jose Ximeno, 1837," page 106, etc. 
Elections were ordered under this law in California by Governor 
Alvarado, by a proclamation dated January 17, 1839. See this procla- 
mation in the ADDENDA, No. XXXVIII, page 57. 

From this document it appears : 

FIRST : That this law, which had been in force more than two years, 
had been received by the Governor of California by the " last mail " 

SECONDLY: That San Francisco is by it classed as a PUEBLO with 
San Jose, Los Angeles, the Villa of Branciforte etc., which were unde- 
niably fully organized Pueblos, bodies politic and corporate. 

THIRDLY : That the Port of San Francisco was recognized as the 
capital [cabecera] of the Northern Partido. 

1839. MAY 20. 


96. On May 20th, 1839, Francisco Guerrero, " Justice of the 
Peace of this section of San Francisco," publishes certain municipal reg- 
ulations for the " Pueblo under his charge." See ADDENDA, No. 
XLIII, page 62. The " section " was doubtless the district comprised 
within the limits to which the jurisdiction of the Judge of the Pueblo 
extended, otherwise called the "termino Jurisdicional," ante 9, 


ADDENDA, No. XXXIII, page 51. Guerrero promulgates these ordi- 
nances "in conformity with Article 29th of the law of November 30th, 
1836." This is the law above cited, 90, contained in the ADDENDA, 
No. LXIX, page 100, adopted Dec. 29th, 1836, and published Decem- 
ber 30, 1836, wrongly cited by Guerrero as November, and the article 
cited by him is that which gave him as Justice of the Peace, the pow- 
ers of an Ayuntamiento of the Pueblo in respect to police. The ordi- 
nances are declared to be for the "order and good management of the 
Pueblo." Preamble. The Pueblo had its demarcation. 7th. The 
proclamation was given in " the Pueblo of San Francisco." And yet 
it is contended that there was no organized political or quasi corpo- 
rate Pueblo of San Francisco ! 

A. D. 1839. 


^ 97. The espediente of Jacob P. Leese for the Rancho La Visi- 
tacion, Exhibit V to deposition of R. C. Hopkins, began in November, 
1839, and concluded in July, 1841, is of little value, except as showing 
how completely the Mission of San Francisco had passed out of exist- 
ence as a living organization. It is mentioned only once in the espedi- 
ente, and then only as a locality, while the Justice of the Peace of the 
Port of San Francisco is the officer who executes the informe. These 
lands are those marked in the lower right hand portion of the accom- 
panying map as "LA VISITACION." See ADDENDA, No. XL VII, 
page 67. , 



98, On April 20th, 1839, De Haro, Justice of the Peace, repre- 
sents to the Governor that a house-lot [solar] had been petitioned for 
by one Gomez. See the document, ADDENDA, No. XLII, page 61. 
He dates from the Establishment of Dolores ; while he calls it an Ex- 
Mission, he pleads that it has " a character of Pueblo " because it had 
been named the head of the Partido. From this document it is evi- 
dent that the Indian village at Dolores was not that PUEBLO OF SAN 
FRANCISCO which we have seen had already been in existence for 
four years. Who ever heard of a PUEBLO, recognized and existing 
with its Ayuntamiento, pleading for a character of Pueblo ? Who ever 
dreamed of a PUEBLO existing for four years in which not a single 
house-lot had ever been granted ? That building lots were granted 
in Dolores, appears from the ADDENDA, No. LXXVIII, page 113. 

99. This communication seems, however, to have been without 
effect, for on July 15th, 1839, Guerrero, Justice of the Peace of San 
Francisco, writes to the Prefect. Castro, stating that some residents of the 
MUNICIPALITY of San Francisco, wished to settle themselves in the 
ESTABLISHMENT of Dolores, and asked to have house-lots granted to 
them. Guerrero was a native of Tepic, a laborer by occupation, and 

GRANT PUEBLO LANDS, FROM A. D. 1839 TO 1846. 67 

in 1839, twenty-eight years of age. ADDENDA, No. LV, page 79. 
His official documents are unique, full of new idioms, newly conceived 
words, and replete with involved sentences and confused ideas. In 
the above cited communication to the Prefect, see ADDENDA, No. 
XLIV, page 63, Guerrero, discharging the office of Justice of the 
Peace at San Francisco, and going home at night to his house at Do- 
lores, I De Mofras, 426, 427, where he wrote his communication as 
it seems, knowing that he was writing in behalf tf the PUEBLO of San 
Francisco, and still being conscious that he was at the Mission, appa- 
rently confounds " the MUNICIPALITY of San Francisco " with " the 
ESTABLISHMENT of Dolores." But the Prefect, Castro, forwarding 
this request to the Governor, under date of Nov. 25, 1839, while he 
adopts the plan of Guerrero's communication, carefully removes all 
confusion and obscurity. See the Prefect's letter, ADDENDA, No. 
XL VIII, page 68. " The residents of the MUNICIPALITY of San 
" Francisco have made various verbal representations through the 
; ' Justice of the Peace, to the end that through this Prefectura, they 
"may receive the necessary license to establish themselves in the 
" ESTABLISHMENT of Dolores, where they wish to form a settlement." 
* * * "All are now dispersed." The Governor grants the Justice 
the power to concede building-lots at the Establishment of Dolores, 
under several conditions, one of which is that they shall not "disturb 
the Indians so long as the COMMUNITY exists." 2b. 

From these documents it is evident : 

FIRST : That the MUNICIPALITY of San Francisco was perfectly 
distinct from the Establishment of Dolores. 

SECONDLY : That although house-lots had been granted for years in 
the PUEBLO of San Francisco, ante 83, ADDENDA, No. XXVI, page 
42 ; XXXIV, page 53 ; yet that down to November 3d, 1839, no 
building-lots had been granted at the ESTABLISHMENT of Dolores. 

THIRDLY : That most of the neophytes of the Mission were dispersed, 
for the phrase " all are now dispersed," can be applied only to them, 
and not to the residents of San Francisco, who wished to establish 
themselves at the Ex-Mission. 

FOURTHLY : That Dolores had not yet been converted into an IN- 
DIAN PUEBLO, for the few Indians there were living " in community," 
and it was intended to transfer them to San Mateo. See COMUNIDAD, 
ante 17. ADDENDA, No. XL VIII, page 69, Governor's order, 2. 

A. D. 1839, ETC. 

100. Various other grants of lands within the PUEBLO of San 
Francisco appear in the testimony, made by Justices of the Peace and 
others.* These grants I regard as of but little importance in the case. 
We have already established, ante 83, that the lands in the imme- 

* A list .of these grants, supposed to be perfect, will be found in the ADDENDA, No. 
LXXVIII, pages 113 and 114, but whether complete or not matters little to the prin- 
ciple of our argument. There were also Alcaldes in San Francisco for a time under a 
law of March 20th, 1837, but our present purpose requires no further notice of them- 
Justices were generally ex offitio Alcaldes, See the same law last cited. 


diate vicinity of San Francisco were subject to be granted by the 
AYUNTAMIENTO OF THAT PUEBLO. Consequently they were ex- 
empted from the Colonization laws of 1824 1828; consequently they 


But we have also seen that when the AYUNTAMIENTO of San Fran- 
cisco ceased to exist, the PUEBLO did not lose its corporate character, 
which still survived under JUSTICES OF THE PEACE who discharged 
the functions of the Ayuntamiento. Ante 92. We also know, as 
matter of well adjudicated law, that the Legislature of a country has 
visitatorial and legislative power, which can always inspect, direct, con- 
trol and dispose of the property of Municipal Corporations, so far as 
that property is derived from the sovereign and not bound by pri- 
vate contracts or conditions of dedication or endowment. City of New 
Orleans vs. The United States, 10 Peters, 662, 736, 737; 4 Wheat. 
660; 20 Howard, S. C. Rep. U. S. 534; Hart vs. Burnett, 15 Cal. 
612. Therefore, having shown these to be 'town lands, (Bienes Con- 
cejicles, ante 13,) subject to grant by the Ayuntamiento of San Fran- 
cisco, (ante 83,) and the Justices of the Peace not supplanting the 
PUEBLO, but merely succeeding the Ayuntamiento as the TOWN 
COUNCIL, ante 89 ; when we find Justices of the Peace, Governors, 
or other officers granting these PUEBLO lands, ante 92, 100, we shall 
conclude that such grants are made by them either as officers of the 
PUEBLO or as acting under that superior authority which as inspector, 
visitor, or legislature can dispose of all the property of municipal cor- 
porations, with the exceptions above stated. 

A. D. 1840. MAY 20. 


101. A curious document has been introduced in evidence in this 
case, being a List of Foreigners established in the " Sixth Section of 
San Francisco de Asis in 1840." See ADDENDA, No. LI, page 72. 
This "Sixth Section" was undoubtedly the Judicial District included 
within the Jurisdiction of the Judges of the Pueblo. Ante 9, 16, 
ADDENDA, No. XXXIII, page 51. The value of this document con- 
sists in this, that it shows that San Francisquito creek at that time 
divided the judicial jurisdiction of the Pueblo of San Francisco from 
that of San Jose, (Pueblo of Alvarado,) 1 De Mofras, 415, and that 
Saucelito on the north-west of the straits and Bay was not within the 
jurisdiction of San Francisco. The fact that all the region north-west 
of the straits and Bay, and west of the Sacramento river, including 
the Pueblo of Sonoma, were without the jurisdiction of San Francisco, 
appears from a document produced in evidence in the case in connec- 
tion with the testimony of R. C. Hopkins, and marked " Exhibit Hop- 
kins No. 3." It appears from the first part of this espediente, dated 
January 1st, 1836, that the Ayuntamiento of San Francisco had ap- 
pointed an auxiliary Alcalde " for the other side of the Bay of San 
Francisco, by which a dispute has arisen in relation to jurisdiction 
between the Alcalde of said Pueblo and the Military Commandante of 
the Frontier of the North," meaning that side lying west of the Bay 


and of the Sacramento river. The matter was referred to the Depart- 
mental Junta [Legislature] who decided on July 7th, 1836, " that the 
Illustrious Ayuntamiento of San Francisco should not extend its 
authority as far as the FRONTIER, as was done by the appointment of 
an auxiliary Alcalde ; * * * the appointment of an auxiliary 

Alcalde of the FRONTIER, made by the Ayuntamiento of San Fran- 
cisco, is rejected as being beyond the limits of its jurisdiction." This 
document is very long, and not of sufficient importance to be printed, 
but is of some value as defining the territorial limits of the judicial 
jurisdiction of the Pueblo of San Francisco, its "termino jurisdic- 
cional." See ADDENDA, No. XXXIII, page 51, 1T 3d from the foot. 

A. D. 1840. 

102. The espediente promoted by Jose Cornelio Bernal for the 
place called Las Salinas, commenced in 1835 and concluded in 1840, 
is the espediente numbered 2 and 177 in Jones's List, and duplicated in 
Exhibits No. 13 and T, to the testimony of R. C. Hopkins. ADDENDA, 
No. XLVI, page 64. See the place marked BERNAL RANCHO on the 
accompanying map. The first document in this espediente, whose 
papers are deranged in the order of date, is the decision of Governor 
Figueroa, misplaced from its order of date, but dated at Monterey, 
January 2d, 1835, which refers to preceding reports, which are not con- 
tained in the ESPEDIENTE, and which must themselves have been based 
upon a petition and informe which are also lost. The Governor de- 
crees as follows : " As from the preceding reports it appears that the 
" tract of land petitioned for by Jose Cornelio Bernal is the property 
" of the PUEBLO of San Francisco de Asis, to which it serves as ejidos, 
" fo the cattle of the Public, (es de la propiedad del pueblo de San 
" Francisco de Asis a quien sirve de ejidos para las ganados del comun,) 
" [not comunidad, as translated, see 17, ante,] his application is not 
" admissible, as it cannot be granted in full property ; but the party 
" may retain his cattle there in the same way as the other citizens do, 
" (lo mismo como los demas ciudadanos,) or apply for some other place 
"which is not appropriated." 

Afterwards, on October 3d, 1839, as appears from the same espediente, 
Bernal again petitions for the same Rancho, and the matter is referred 
to the " Justice of the Peace of San Francisco," who is to transmit the 
espediente with his report to the "Administrator of the Establishment 
of Dolores" The Justice of the Peace, dating from the Justice Court 
of San Francisco, October 8, 1839," reports in favor of granting the 
concession, adding that " the said Bernal is recommendable for the 
" services which he has rendered and is rendering in this municipality" 
" (en esta municipalidad.)" The administrador of the Ex-Mission, 
dating from " Dolores " on the same day, reports that " this establish- 
" ment is not in need of the tract of land petitioned for, because the 
"most of the cattle belonging to the ESTABLISHMENT are on the place 
" called the Pilarcitos on the coast." This place " Las Pilarcitos " on 
the coast, is the same place otherwise called " San Pedro," where the 


Mission of Dolores always pastured its cattle. See 88, of this argu- 
ment. From this espediente the following facts appear: 

FIRST : That there was a PUEBLO called San Francisco de Asis, 
which was composed of citizens who possessed cattle, and that for the 
cattle of the public of said PUEBLO the lands called "Las Salinas" 
were used and appropriated. We submit that there is no instance, 
before or after the total ruin of the Missions, where a Mission Indian was 
ever called citizen (cuidadano.) He was always called Indian, Native or 
Neophyte, (Indio, Indigena, 6 Neofito.) Although his ultimate equality 
in the sight of the law was declared, he was always a pupil, and even 
the laws of secularization contemplated that he should ever remain 

SECONDLY : That the cattle of the neophyte Indians did not occupy 
the same ejidos as those of the citizens of the Pueblo of San Fran- 
cisco, either in 1835 or in 1839. 

THIRDLY : That there was no confusion between the PUEBLO of 
San Francisco and the ESTABLISHMENT of Dolores ; but each stands 
out distinctly in its own individuality whenever there is a question 
respecting the possible rights of either, the Superintendent of the 
Establishment of Dolores representing every existing interest of the 
neophytes, and the Municipal Authorities of San Francisco those of the 

A. D. 1840. FEBRUARY 16. 


103. On February 16th, 1840, the Governor of Upper Cali- 
fornia, at the opening of the Departmental Assembly, delivered his 
Annual Message, extracts from which will be found in the ADDENDA, 
No. L, page 70, etc. From this it appears that no PUEBLO, except 
Monterey, had ever had its Propios or Ejidos measured and set apart ; 
that all the Pueblos had lost their Ayuntamientos because the basis of 
population had been so greatly increased by the Constitution, (see 
ante 89, 90) ; and that Justices of the Peace had succeeded the 
Ayuntamientos in the politico-economical government of the Pueblos, 
also exercising the judicial functions of Judges of First Instance. 
These facts have all been stated before in this argument. The inexact- 
ness of some translator appears in this translation, where " propios y 
ejidos " is translated " common and landed property," English terms 
which would include the dehesas, or large pastures ; and u fundo legal " 
is rendered simply " legal property,"' instead of " propios " and the like 
landed property from which municipal funds were raised by way 
of rent. 

A. D. 1841. AUGUST 8. 



104. On August 8th, 1841, Vicente Miramontes, Vice-Justice 
of the Peace " in the Pueblo of Dolores, in the jurisdiction of the 


Port of San Francisco," addresses the Prefect, and pleads ignorance 
and poverty as reasons why he should not be reappointed. ADDENDA, 
No. LIII, page 74. This document is dated at the Pueblo of Dolores. 
This word Pueblo is here evidently used in the sense of " village or 
hamlet," as I have before shown. Ante, 9. That there never was 
an organized politic or corporate Pueblo there is clearly apparent from 
all the documents in evidence. See 88, 102, 114. 

A. D. 1842. JANUARY. 


105. On July 20th, 1839, Guerrero, Justice of the Peace, asked 
the Prefect to appoint a Sindico Procurador for San Francisco, and 
nominated Juan Fuller for the office. ADDENDA, No. XLV, page 
63. It will be observed that although Sindico Procuradores were offi- 
cers of Ayuntamientos, (ante, 12, 47, ADDENDA, No. X, page 19, 
4,) yet the Constitution of 1836 did not supply such officers to the 
Pueblos which were not entitled to have Ayuntamientos. See AD- 
DENDA, No. LXIX, page 100. Fuller seems, however, to have been 
appointed Syndic, for in the ADDENDA, No. LIV, page 75, etc., we find 
the " Account made out by Don Juan Fuller as Sindico of the Munici- 
pality of San Francisco," extending from August, 1839, to January 
10th, 1842. This document is curious and important, showing the 
receipt of moneys from all the ordinary sources of municipal revenue, 
and from the sale of solares, in addition. The office of Syndic con- 
tinued to exist down to the last year of the Mexican dominion, for on 
February 7th, 1846, we find Francisco Guerrero, Sub-Prefect, dating 
from Yerba Buena, invoking "the Judge of First Instance of the 
" PUEBLO of San Francisco to follow Don Pedro Sherreback, the 
" defaulting Syndic, to attach his property, imprison him, or send him 
" to the public works, in case he refuses to present his accounts, produce 
" his vouchers, and make payment." ADDENDA, No. LXV, page 95. 

A. D. 1842. OCTOBER 31. 


106. We have in the ADDENDA, No. LY, page 78, etc., a full cen- 
sus of all the inhabitants in the jurisdiction of San Francisco, for the 
year 1842. This word "jurisdiction,'* of course, signifies the "judicial 
jurisdiction" extending far beyond the Pueblo, as before noticed, ante 
9, I" 2d. We here find that all the inhabitants, of both sexes, men, 
women and children, amounted to only 196. We can recognize at 
least 18 families of married persons with children. The whole num- 
ber of Indians in the population was 37 : all of these were neophytes, 
or Mission Indians, except one boy, Carlos, who seems to have been 
an unconverted Indian, from Sacramento ; and all of these Indians, 
both neophyte and pagan, were domestic servants, except three, who 
are classed as "laborers." How well this justifies De Mofras, who 
estimated the number of neophytes at Dolores in 1842 at 50, (ADD- 


ENDA, No. LXVII, page 97) ; and how completely fades away the 
phantasm of a political and ^Matt-corporate Indian Pueblo, composed 
of three Indian laborers and thirty -four Indian domestics ! Where are 
the Indian Alcaldes and Indian Councilmen spoken of in 17 of this 
argument ? 


107. But already, even as early as the year 1842, before the 
termination of De Mofras' visit to California, the pillage and ruin of 
the Missions was almost entirely completed. That accurate and intel- 
ligent observer has given the fullest details of the results to which eight 
years of civil " administration " had brought the Missions of Cali- 
fornia. As a general fact, the cattle had been given away, stolen and 
slaughtered ; the Mission buildings appropriated or suffered to fall into 
ruin ; the Indians dispersed ; the vineyards and orchards suffered to 
grow wild ; and in some cases the vines were uprooted and taken away. 
Of the twenty-one Missions, the following were in that year (1842) 
reported to be in a fair condition, having some valuable live stock 
remaining, Indians still under instruction and performing labor, and 
the Mission establishment in operation : Santa Barbara, 1 De Mofras, 
371 ; San Gabriel, Ib., 351 ; Santa Inez, Ib., 377 ; San Antonio, Ib., 
387 ; Santa Clara, Ib., 416 ; San Jose, Ib., 418. Those nearly ruined 
were San Fernando, Ib., 360 ; San Diego, Ib., 338 ; San Luis Key, 
Ib., 342; San Buenaventura, Ib., 365; La Purisima, Ib., 376 ; San 
Luis Obispo, Ib., 378 ; and San Miguel, Ib., 383. Those that were 
entirely ruined, were San Juan Capistrano, Ib., 348 ; La Soledad, Ib., 
390 ; El Carmelo, Ib., 391 ; San Juan Bautista, Ib., 407 ; Santa Cruz, 
Ib., 410 ; DOLORES DE SAN FRANCISCO, Ib., 424 ; San Rafael, Ib., 
444 ; San Francisco Solano, Ib., 446. The results in comparative 
figures (round numbers,) is thus stated : 

In 1834, when the Missions went into civil " administration/' the 
Missions had thirty thousand Indian neophytes sustained and instructed 
by them, living at the Mission establishments : in 1842,/owr thousand. 

In 1834, the Missions had four hundred and twenty thousand horned 
cattle ; in 1842, twenty -eight thousand. 

In 1834, sixty thousand horses; in 1842,/owr thousand. 

In 1834, three hundred and twenty thousand sheep, goats and swine ; 
in 1842, thirty thousand. 

In 1834, they produced one hundred and twenty thousand bushels of 
wheat, maize, etc.; in 1842, seven thousand. In a tabular form the 
result is thus presented : 

Religious Administration. Civil Administrations. 

1834. 1842. 

Indians 30,000 4,000 

Horned Cattle 400,000 28,000 

Horses and Mules 62,000 3,000 

Sheep, etc 321 ,000 31 ,000 

Grain 122,000 7,000 

The table from De Mofras, Vol. I, p. 320, printed in the ADDENDA, 
No. LXVII, gives these data more specifically, except that the crops 
of grains for 1842 are not there given, but the amount 7,000 bushels 


(4,000 hectares,) is given by him at page 421 of the same volume. 
The grain crops are measured by the Spanish fanega, which is rather 
more than the English bushel, but may be rendered by it for general 

A. D. 1843. MARCH 29. 

108. In 1848 Micheltorena, who came from Mexico with an 
army as a counter revolutionary Governor, 1 De Mofras, 311, 312- 
17, and replaced Alvarado as Governor, among other reactionary 
measures conceived or accepted the scheme of restoring the Mission- 
ary system. In his proclamation of March 29th, 1843, he recites : 
" that the pious and charitable institutions of social order for the con- 
" version of the savages to Catholicism and to an agricultural and 
" peaceful life, are reduced to the gardens and inclosures of the churches 
" and buildings. * * That the Indians, who are naturally lazy, now, 
"from additional labor and scarcity of nourishment, being in a state of 
"nudity, having no fixed employment or appointed Mission, prefer to 
" keep out of the way, and die impenitent in desert woods, in order to 
" escape a life of slavery, filled with all privations, and destitute of 
" social enjoyment. * * That there is no other method of reani- 
" mating the skeleton of a giant like the remains of the ancient Mis- 
" sions except to fall back upon experience, and to fortify it with the 
" appliances of Civil and Ecclesiastical power." He then directs that 
twelve of the Missions, which he names, shall be restored to the 
Missionary Franciscan Monks, to be governed by them in the same 
manner as before, they taking charge of the natives. ADDENDA, 
No. LVI, page 83. The Mission of Dolores was not among the 
Missions thus restored ; but the Government pledges itself in regard to 
the lands formerly appurtenant to the Missions "to make no new 
" grants without the information of the respective authorities of the 
" most Reverend Fathers, notorious non-occupation, non-cultivation, or 
" necessity." See Micheltorena's Proclamation, 1 Rockwell, 469 ; 
Halleck's Report, App. No. 19; Jones's Report, page 71 ; ADDENDA, 
No. LVI, page 83. This therefore interrupted further grants being 
made from the lands adjacent to or occupied by the Missions, until it 
should be definitely ascertained by official acts of great formality, that 
such lands would not be needed by those establishments, either as Mis- 
sions, or as possible future INDIAN PUEBLOS. 

A. D. 1843. JUNE. 

109. A new Constitution was adopted this year, on June 12th, 
and promulgated on June 13th. It does not seem to contain any pro- 
visions bearing upon the present discussion. The title of the Depart- 
mental Junta was changed to that of Asamblea Assembly. See 
"Bases de organizacion politica de la Republica," published in the 
"Decretos del Gobierno provisional for 1842," July 1842 to June 
1843, Title VII, 131, at page 466. 


A. D. 1843. NOVEMBER. 



110. On November 14, 1843, Governor Micheltorena, by procla- 
mation, directed Ayuntamientos to be elected in Monterey and Los 
Angeles. Exhibit 11, annexed to Vallejo's deposition, Addenda No. 
LVII, page 84, Art. 1st ; directing, also, that in the Pueblos of San 
Diego, Santa Barbara, San Juan, Villa de Branciforte, San Jose, San 
Francisco and Sonoma, elections should be held to appoint two Alcal- 
des of first and second nomination, Id. Article 2 ; that said first Alcaldes 
should perform the duties of Judges of First Instance, and take charge 
of the prefectures of the respective districts, Id. Article 4 ; that the 
newly elected officers should go into office on the first day of January 
next ensuing, and " receive from those going out an exact inventory of 
" all the espedientes, books, and whatever there may be belonging to 
" the said corporations un inventario exacto de todos los espedientes, 
" libros y cuanto halla pertineciente a dichas Corporaciones." Id. Arti- 
cle 5. Accordingly we find oficios addressed to the Alcalde of San 
Francisco by the government, dated July 7th, 1844, March 7th, 1844, 
January 20th, 1844, March 5th, 1845, and the Act of election of Pa- 
dilla as First Alcalde on December 22d, 1844, Exhibits No. 12, 13, 
14, 15, and 16, annexed to Vallejo's deposition. See ADDENDA, Nos. 

A. P. 1844. 


111. This appears from two documents in evidence in the case. 
See ADDENDA, Nos. LVIII and LIX, pages 85, 86, where the same 
officer is described as " First Alcalde of the Port of San Francisco," 
" Alcalde of San Francisco," and " Alcalde of first nomination of Yerba 
Buena." This, however, only confirms what appears so often else- 
where. See 102, 120, etc. 

A. D. 1844. APRIL. 

IN 1843. 

112. The espediente of Francisco De Haro for the Potrero of 
San Francisco, is found duplicate among the documentary testimony in 
this cause. See Exhibit Hopkins, No 11 and V; ADDENDA, No. 
LX, page 86. This espediente shows that this Potrero (cattle enclo- 
sure) was formerly used by the Ex-Mission of San Francisco de Asis. 
It included that portion represented on the accompagnying map as 
lying between the Mission, the Mission Bay, and the " WALL," the wall 
designated being a part of the enclosure of the Potrero. Jimeno, the 
Secretary of the Government, over date of April 29th, 1844, reports, 


that " the Mission of San Francisco has no longer any cattle, and con- 
" sequently the Potrero petitioned for is lying unoccupied ; * * and 
" inasmuch as the common lands (ejidos) of the said establishment 
" are to be assigned to it, (debe senalarsele sus ejidos)" he recom- 
mends that the petitioner be allowed to occupy the lands provisionally. 
A provisional licence was accordingly issued, " subject to the measure- 
" ment which may be made of the ejidos of the Establishment of San 
" Francisco ; (sugetandose a la medicion que se haya de los ejidos del 
" Establiento de San Franco." There is little in this espediente which 
is pertinent to the present case, except the patent fact that the executive 
officers of the Departmental Government were exceedingly anxious 
not to prejudge against the possibility of an Jndian Pueblo being 
erected out of the ruins of this Mission, which, indeed, they had no 
power to do, and therefore refused to grant away in absolute proprie- 
torship the Potrero formerly enclosed and used by it, until the future 
fate of the Mission should have been decided by an inquest of office. 
It will be remembered that Micheltorena, the Governor who made this 
provisional grant, had early conceived the project of restoring the 
Missionary system, and placing the Missions again in the hands of the 
Franciscans. See ante 108, ADDENDA, No. LVI, page 83. But, 
although this step did not revivify the Missions, nor even retard their 
final ruin, still it contained a pledge that from the lands occupied 
by the Missions, the Government would " make no new grants without 
" the information of the respective authorities of the most Reverend 
" Ministers, notorious non-occupation, non-cultivation, or necessity." 
ADDENDA, No. LVI, page 84, 5. This Potrero, enclosed by the 
Mission, which might again need it if it recovered its prosperity, and 
would probably require it for its ejidos if it was erected into an INDIAN 
PUEBLO, could not therefore be granted by the Government until the 
ruin of the Mission was established officially, and therefore beyond all 
hope. These were the reasons assigned by the Governor for refusing 
the grant, and issuing only a provisional licence to occupy. ADDENDA, 
No. LX, pages, 86, 87. 


113. It appears by the testimony of Richardson and others that 
two or more maps were made of the settlement of Yerba Buena, and 
approved by the Governor. These maps are the nucleus upon which 
the existing plat or survey of the present city has been adjusted. 
They are of little or no value to the present argument. In any event 
they would tend to show only what is indisputable, that the Ayunta- 
mento of San Francisco had the power to make grants of lands, and 
that therefore there was a political ^Maw-corporate PUEBLO of San 
Francisco to which such lands belonged. See 83, 84 of this argu- 
ment. These maps show only that the Governor continued to recognize 
the PUEBLO of San Francisco, as having an organized political and 
corporate or quasi-corporate existence. 


A. D. 1844. APRIL. 


114. The inhabitants of the Mission of Dolores of San Fran- 
cisco, "resident in the jurisdiction of San Francisco de Asis and 
established in the Ex-Mission of that name," on the 8th day of April, 
1844, petition the Governor, stating that that Mission had never yet 
been recognized as a PUEBLO ; that it ought to have that title ; and 
praying that it may be recognized as a PUEBLO in future. They 
recognize <%e fact that Indians are still living there in COMMUNITY, 
(see ante 17, ) with a mayordomo, or official administrator, and thus it 
appears that the Mission had not as yet been secularized. The Secretary 
of State reports that the request cannot be granted until the debts of 
the Mission are paid it was, then, still a Mission and the Governor 
defers all further action on the petition. See ADDENDA, No. LXXI, 
page 102. This one document effectually establishes the fact, that 
the Mission of Dolores was not that " PUEBLO of San Francisco," 
which was established in 1835, ante 74, and which was so often 
recognized by the Governor and Departmental Legislature. See 
77, 78, 82, 83, 87, etc. 



115. I have already presented my views of the objects contem- 
plated in the foundation of the Mission, ante, 26. The official maps 
of the United States show that the Mission of Dolores existed within 
the limits of the four leagues claimed by the City of San Francisco. 
See map prefixed, and Langley's map. But it is well established that 
this Mission had no rights in land. The so-called lands of all the 
Missions were all subject to colonization. See 26 of this argument. 
They were exempted from colonization " for the present " by the regu- 
lations of colonization of Nov. 21, 1828, 1 Rockwell, 453 ; ADDENDA, 
No. XIV, page 26, 17 ; but it is notorious that that restriction was 
almost immediately removed, for most of the Mission lands were soon 
afterwards granted to various persons. The Missions had no landed 
property. " The church edifices, cemeteries, and priests' houses, 
" with the curtilages and appurtenances at the several missions, and 
"the gardens and vineyards, at or near the same, planted and 
" reared by the care and labor of the priests and neophytes, belonged 
" to the Catholic church to which they were dedicated from the begin- 
" ning." See Opinion of Commissioner Felch, in the case of Joseph 
Alemany, Bishop of California, vs. The United States, claiming the 


Mission churches, cemeteries, orchards and vineyards. The lands 
commonly treated as belonging to the Mission of Dolores, but really 
belonging to the PUEBLO of San Francisco, were, therefore, at most 
only subject to an usufruct by the Indians of the Mission, and when 
that usufruct determined by the dissolution of the Mission establish- 
ment, the rights of the PUEBLO became emancipated and complete. 
Perhaps, as was contemplated by the Plan of Pitic, the Indians and 
pobladores were to enjoy these lands in common. See ADDENDA, No. 
VII, page 12, 6, 7. But even conceding that the lands were subject 
to a servitude, there can be no doubt that when that servitude ceased, 
the lands became free. The evidence is conclusive that all hopes of 
converting the Mission of Dolores into an Indian Pueblo had been 
abandoned for many years before its final dissolution. The Mission had 
never been a prosperous one. It was founded in the midst of barren sur- 
roundings, in a climate which was severe to the Indians (1 De Mofras, 
424, 444), and still more rigorous to the natives of Mexico and Spain. 
1 De Mofras, 274. But it was necessary that a Mission should be 
founded within the protection of the Presidio of San Francisco, and so 
the Mission of Dolores was founded on the only unappropriated spot 
within many miles where there was a perennial stream of fresh water; 
the issue of Lobos Creek being within the curtilage of the Fort. See 
map of the Coast Survey; Mitchell vs. The United States, 15 Peters, 
52 ; 9 do. 711. The north-west winds were always severe ; the farm- 
ing lands of the Mission small in extent and not propitious to cultiva- 
vation ; the sowings were made at San Pablo, on the other side of the 
Bay (1 De Mofras, 424, 425 ; and at San Mateo, De Haro's espediente 
for Rancho San Pedro, ADDENDA, No. XXXI, page 48), and they 
were compelled to use the Mission of San Rafael as a hospital for their 
Indians, who could not endure the climate of San Francisco. 1 De 
Mofras, 444. Their cattle, while they had any, were pastured at San 
Pedro beyond the mountains. Wm. Carey Jones' Report, 115 ; De 
Haro's espediente ut supra. In 1815 there was an Indian population 
of 1,115 at the Mission, and in 1830 a population of 219, (see AD- 
DENDA, No. LXXVI, page 110, but in 1834, at the culminating period 
of the prosperity of the missions, the Mission of Dolores had not 
exceeding 500 Indians, while San Luis Rey had 3,500, San Gabriel 
2,700, San Jose 2,300, Santa Clara 1,800, and even San Rafael, found- 
ed in 1817, had 1,250, and San Francisco Solano (Sonoma) founded 
in 1823, had 1,300. 1 De Mofras, 320 ; ADDENDA, No. LXVIII, 
page 97. 

116. The gradual, but complete extinction of this feeble exist- 
ence of the Mission of Dolores is perfectly demonstrated by a few 
patent facts. The padron (return) of the Mission, made in 1830, the 
last that appears ever to have been made, shows only 219 neophytes. 
See ADDENDA, No. XXVI, page 110. The padron of San Francisco 
made by Guerrero, in 1842, in which the Indians are confounded with 
the mass of the population existing throughout the whole termino of 
San Francisco, including Yerba Buena, shows only 36 neophytes. 


ADDENDA, No. LV, page 78. Deposition of H. F. Teschemacher in 
the case. The Ranches of San Pablo and San Pedro, where the In- 
dians sowed their crops, and pastured their cattle, were granted to the 
Castros and to De Haro respectively in 1835 and 1836. 1 De Mofras, 
425. See the Espedientes in the Archives, Nos. 3 and 18, Also the 
same numbers in the list in Jones' Report, Senate Doc. Vol. 3, Doc. 
18, p. 95, 1850-1851. De Mofras writes in 1842: " The inhabitants 
" have pillaged everything ; at present there remain scarcely 60 cattle, 
"50 horses and 100 sheep. Some Indians inhabit a few ruined hovels 
" (quelques masures) around the Mission, or cultivate some small 
" patches of good soil sheltered from the wind. * * * The Mission 
" buildings are large, but dilapidated ; there is no missionary." Vol. 1, 
page 424. The Exploring Expedition of Com. Wilkes visited the 
Mission of Dolores twice in 1841, but he gives it no further notice than 
to misname it the Mission of " Nostra Seiiora de Dolores," showing 
that it had ceased to attract notice as an existing establishment. Ex- 
ploring Expedition, Vol. V, 249. JIMENO, Secretary of State, in his 
report on the Espediente of De Haro for the Protrero of San Fran- 
cisco, ADDENDA, No. LX, page 86, April 29th, 1844, states that 
" the Mission of San Francisco has no longer any cattle." And it is 
not unimportant to note that it is the word " bienes, property," which 
is translated " cattle." 

117. These facts sufficiently show the de facto expiration of 
the Mission of Dolores; but happily we are furnished an authentic 
record of an inquest of office by which the extinction of the Mission 
was declared in all legal form. By a decree of May 28th, 1845, the 
the Departmental Junta enacted as follows : 

" Article I. The Departmental Government shall call together the 
"neophytes* of the Missions of San Rafael, DOLORES, Solidad, San 
" Miguel, and La Purisima which are abandoned by them, by means of 
" a proclamation which it will publish, allowing them the term of one 
" month from the day of its publication in their respective missions, or 
" in those nearest to them, for them to re-unite for the purpose of culti- 
" vating them ; and they are informed that if they fail to do so, they 
"will be declared to be without owners (mostrencas), and the Assem- 
" bly and Departmental Government will dispose of them as may best 
"suit the general good of the Department." 1 Rockwell, 471, Hal- 
leek's Rep. Ap. 20 ; Jones' Rep. 72 ; ADDENDA, No. LXII, page 88. 
Here is a legislative declaration that the Mission of Dolores is aban- 
doned by its neophytes ; here is a law day given to them to come in 
and redeem a forfeiture ; here is a forfeiture specifically and officially 
pronounced in case of non-redemption. The second article of this 
enactment decrees: "The Carmelo, San Juan Baptista, San Juan 
" Capistrana, and San Francisco Solano, shall be considered as PUEB- 
"LOS-, which is the character they have at present." ADDENDA, No. 

* " Los neofitos " in the original, and not Indian as generally translated, neofito being 
a christianized Indian belonging to the Mission. 


LXII, page 89, Art. 2. This is a most pregnant declaration. Four 
Missions are excepted from the operations of the law which denounced 
a forfeiture against other Missions, because these four had become 
PUEBLOS. But there is not a hint that the other Missions had 
become, or could become PUEBLOS, but on the contrary a declara- 
tion they were abandoned by their neophytes, and a decree that if the 
neophytes did not return, the property of the Missions would be consid- 
ered without owners. This is conclusive on the point that in May, 1845, 
there was no PUEBLO at the Mission of Dolores, as we have already 
seen (ante, 114) that there was not in April of the preceding year. 
The Mission property of course consisted only of the buildings, orchards, 
cemeteries, and stock of the Establishment. Ante, 26. The Proclama- 
tion required in the first article of the preceding law appears to have 
been made, from the following act of the Departmental Government of 
Oct. 28th, 1845 : "Article I. There will be sold at this capital, to the 
"highest bidder, the Missions of San Rafael, DOLORES, Soledad, San 
" Miguel, and La Purisima, which are abandoned by their neophytes. 
" Art. IV. * * * What belongs to San Rafael, DOLORES, San Juan 
" Bautista, Carmelo, and San Miguel will be sold on the second, third, 
"and fourth of January next." 1 Rockwell, 472; Halleck's Report, 
Ap. 21 ; Jones' Report, 75 ; ADDENDA, No. LXIII, page 90. The 
original is, " los dias 2, 3, y 4 del mes de Enero del ano entrante," in- 
stead of " 23d and 24th of January," as commonly translated. This 
then was an official determination by actual inquest of the fact that the 
Mission of Dolores had ceased to exist. A few months afterwards, Mr. 
Edwin Bryant, a very observant and intelligent traveler, who was 
afterwards First Alcalde of San Francisco, visiting the Mission of 
Dolores and passing there the night of Sept 20-21, 1846, could hardly 
find shelter there, and found the main buildings contiguous to the 
church occupied by Mormon families, and " the Indian quarters crum- 
" bling into shapeless heaps of mud." Bryant's California, 320, 321. 
These were not ruins made since the American conquest, for no rain 
had fallen since the preceding spring, and the conquest was made in 
July of that same year. 


118. It is out of the grave of this extinct Mission which was 
thus blighted in its conception, almost abortive in its birth, dwarfed in 
its growth, finally dying of inanition, officially declared dead, and 
officially buried, that the United States now attempt to evoke the ghost 
of an Indian Pueblo, not for the purpose of galvanizing it into exist- 
ence, but solely with the object of depriving the city of San Francisco 
of its patrimony. Between the chimera of a Partido on the one side, 
and of a non-existent Indian Pueblo of Dolores on the other, it is expected 
that the property of San Francisco shall be converted into public lands, 
while other Pueblos like Santa Barbara and Monterey shall enjoy 
their four leagues, which have been formally confirmed to them. Even 


the Indian Pueblos of New Mexico have had their four square leagues 
allotted them and some of them more than this. See ADDENDA, 
No. LXVIII, page 98. But to San Francisco, illustrious for her 
enterprise and her misfortunes, this common justice has been denied ; 
and now in the twenty-eight year of her distinct political and corporate 
existence she stands, as she has stood for the last eleven years in Court, 
as a humble petitioner for the lands to which she became entitled in the 
year 1835, and her claim is denied by the law-executive of a power- 
ful Government which bound itself to respect the rights of a conquered 
people. It seems that it is only valuable lands which are deemed 
worthy of the dignity of confiscation. 

A. D. 1845. MAY. 

119. This espediente was upon a petition for a tract of land 
including the ruined Fort at Fort Point, and the Presidio, at the place 
marked " Diaz " on the accompanying map. [This espediente was 
not concluded before the conquest of California by the Americans, and 
so never became operative." Palmer v. The United States, 24 Howard 
Rep. S. C., U. States, 125. But the espediente, so far as above set 
forth, is undoubtedly genuine. See report of J. De la Cruz Sanchez, 
ADDENDA, No. LXIV, page 93. I cite it here to show the tenacity 
with which the tradition of a legal fact retains its place, even among an 
illiterate people who are destitute of law books. The espediente, 
ADDENDA, No. LXX, page 102, contains the report of Jose De la 
Cruz Sanchez, the judge to whom the petition was in the first instance 
referred, who certifies that he cannot give information respecting the 
place occupied by the military point, because he knows nothing of its 
commons, or ejidos. It thus appears that the rude, illiterate people of 
California knew that there were certain commons attached to the Fort; 
but Sanchez, the " respective Judge " to whom the matter was referred 
by the Governor, ADDENDA, No. LXX, page 101, who was also 
" Justice of San Francisco," which was the same as " 2d Constitutional 
Justice of Yerba Buena," ADDENDA, No. LXIV, page 93, had no 
means of determining what were the commons or ejidos of a Hispano- 
Mexican Fort. .Those commons were equal to a square of 3,000 
Spanish varas, or yards ; that is, 1,500 varas measured in the direction 
of each cardinal point from the center of the Fort, and squared upon 
this base. Mitchell v. The United States, 15 Peters, 52 ; Same v. 
The Same, 9 Peters, 711. This is, however, to be measured in the 
manner described in 30 of this argument ; namely : if there were 
obstacles interposed so that the measurement could not be made in the 
form of a square, the required quantity was to be made up by measure- 
ments in other directions. These commons or ejidos of this Fort 
constitute the " Government Reserve " as laid down on the current maps. 
In like manner the tradition of the " Four square leagues of a PUEBLO," 
of its ejidos, propi os and arbitrios, and of its being an "Illustrious Cor- 
poration " was firmly planted in the popular mind and popular faith. 


notwithstanding that there were no law books to justify these notions 
or to render them exact. 

A. D. 1845. DECEMBER. 

120. The expediente of Jose Jesus Noe for a portion of land 
formerly appurtenant to the Ex-Mission of Dolores, Exhibit Hop- 
kins W, ADDENDA, No. LXIV, page 92, designated "Noe Rancho" 
on the accompanying map, sheds no light on the subject, except that 
it shows that the Ex-Mission of Dolores had become completely 
extinct under the inquest of office made under the law of May 28th, 
1845, ADDENDA, No. LXII, page 88, Art. 1, as set forth in 115- 
117 of this brief. For the informe does not, as heretefore, 82, 
88, and 102, send the espediente to the administrator of the Establish- 
ment of Dolores, but only to the " Justice and Judge of San Fran- 
cisco." The Judge, in his report, calls himself " Justice of the 2d Con- 
stitutional Court of YERBA BUENA," while the Governor in his vista 
styles the same Judge " 2d Alcalde of SAN FRANCISCO," thus showing 
that Yerba Buena and San Francisco were designations indifferently 
used for the same PUEBLO. Noe, the petitioner, lived at Yerba Buena 
in 1842. See Teschmacher's deposition. He was Secretary of the 
Electoral College there in 1844. Exhibit 12 to Vallejo's deposition, 
ADDENDA, No. XLI, page 88. He was Judge of First Instance 
there in 1845. Exhibit 16 to Vallejo's deposition. Noe, in his depo- 
sition in the case of Bolton v. The United States, in this Court, testi- 
fies that he lived in San Francisco in 1845 and 1846 ; that he was 
Judge of First Instance there in 1846 ; and that during all that time 
he was a fre'quent visitor at the Mission Dolores. That Dolores was 
in his jurisdiction, but that he could not grant solares there, but only in 
San Francisco.* That his jurisdiction as Judge of First Instance 
extended over a large district, being the jurisdiction contenciosa 
alluded to in Micheltorena's proclamation of Nov. 14, 1853, Art. 4, 
Document No. 11, Vallejo's deposition, ADDENDA, No. LVII, page 
84. And yet it is gravely insisted that Yerba Buena was a mere 
hamlet near the anchorage, and that the ruined, deserted Indian hovels 
at the Mission Dolores constituted the PUEBLO of San Francisco ! 

A. D. 1846. MAY. 


121, The espediente of Jose Andrade is introduced in evidence 
by the United States. Exhibit Hopkins X. It purports to be an 

* NOTE. Building lots bad already been granted at tbe Mission of Dolores, but in 
1843 Governor Micheltoreua interdicted further grants at that locality; see 108 of this 
argument, and ADDENDA No. LVI: and after this only one lot appears to have been 
granted at Dolores during the existence of the Mission, namely on Aug. 20, 1843, by 
Sanchez, Justice of the Peace, to Domingo Felis. See ADDENDA, No. LXXVIII, page 
113. This grant has been rejected by the U. S. Land Commission, and the rejection has 
become final. See 1 Hoffman's Reports, Appendix, page 2, No. 5, and page 7, No. 46. 



espediente and grant of the orchard of the Mission of Dolores, bear- 
ing date May 6th, 1846. It contains no informe, map or report ; 
the claim based upon it has been rejected by the Land Commis- 
sion, and the United States are now resisting it in this Court on the 
ground that it is forged and antedated. The same United States now 
introduce it in this case as a genuine grant, evidently for the purpose 
of basing upon it an argument to the effect that if there had been a 
PUEBLO of San Francisco entitled to four leagues of land, this orchard 
would have been included within those four leagues, and so the Gover- 
nor would not have granted it to Andrade. But besides the general 
answer to this position, (see 80, 81, of this argument,) there is 
another, namely : that the orchard of the Mission did not belong to the 
PUEBLO of San Francisco, but belonged to the Catholic Bishop of 
California, as a sole corporation representing the Catholic Church in 
that behalf, and so was not grantable to any private person, and cer- 
tainly the Pueblo of San Francisco had no interest in it. Larkin vs. 
The United States, 1 Hoffman's Reports, 313 ; Den vs. Hill, 1 McAllis- 
ter's Rep. 485. See also Judge Felch's decision in the case of Alemany, 
Bishop of California vs. The United States, Claim for the Mission 
Churches, Cemeteries and Orchards, confirming to the Bishop, among 
other property, this very orchard. If the grant be genuine, then it 
shows only that the establishment of Dolores had fallen so completely 
into decay and non-existence that its very orchard was granted away, 
so far as the Governor had the power to grant it. If, on the other 
hand, the grant be a forgery, it has no possible bearing upon the pres- 
ent case. 

A. D. 1846. MAY. 


122. The last espediente to which attention is called, is that 
numbered 578 in Jones's list, and which, although not concluded 
before the American conquest, is undoubtedly genuine, and is contained 
in Exhibit Hopkins, No. 8, ADDENDA, No. LXVI, page 95. It is 
that of Henry Fitch and Francisco Guerrero for a piece of land em- 
bracing an arroyo (water-course) suitable for a mill which they pro- 
posed to erect, and may be described generally as that tract of land 
west of the settlement at Yerba Buena, and lying along the sea-shore 
between the Laguna de Merced (see 82,) and the Presidio, and em- 
bracing the Laguna called Mountain Lake and the stream of water 
now commonly called Lobos Creek. The petition is dated at Yerba 
Buena, May 13th, 1846. It is approved by "Jose de Jesus Noe, Just- 
" ice of the Peace of the Jurisdiction of Yerba Buena " on the same 
day. The petitioners " solicit the favor they ask without prejudice to 
" the ejidos of the settlement of Yerba Buena although they have not 
" yet been designated : dejando en salvo hasta los ejidos de la poblacion 
" de Yerba Buena aunque no estan nombrados." Guerrero, it has 
already been seen, had been Sub-Prefect and Justice of the Peace, 
ADDENDA, No. XLIII, page 62, No. LXV, page 95, and yet we find 


him in the month of May, 18.46, and within less than two months 
before the conquest by the United States, thus asserting, as against his 
own wishes, the rights of the PUEBLO of San Francisco to its ejidos, 
its commons or vacant suburbs. This closes the record on that point. 


123. I have now discussed all the espedientes of grants of farming 
lands actually made within or near the limits of the four square leagues 
of land belonging to the PUEBLO of San Francisco, namely : the grant 
of the Buri-Buri rancho to the Sanchez, 86, of this argument; of the 
Laguna de la Merced to Galindo, 82 ; of San Pedro to De Haro, 88 ; 
of La Visitacion to Leese, 97 ; of Las Salinas to Bernal, 102 ; and 
of San Miguel to Noe, 120. If we now look at the annexed map, 
bearing in mind that the peninsula of San Francisco is less than six 
miles in average breadth until we reach the Buri-Buri, and compare 
this map with any of the official maps of the United States, or more 
conveniently with Langley's sectionized map prefixed to the San Fran- 
cisco Directory, as stated in 30 of this argument, it will be found 
that the lands belonging to the Pueblo of San Francisco and not in- 
cluded in those grants, all lie northward of those grants, and include a 
less area than four square leagues ; but if we reject the vast sandy 
and other wastes which occupy so many square miles of this area, as 
the Spanish law rejects them from the computed measurement, while 
they are still included within the boundaries of the grant (see 30 
of this argument) and also reject the large tract included in the ejidos 
or Government Reservation of the Presidio (119 of this argument ; see 
Langley's map, ut supra), we shall find the patrimony of San Francisco 
dwindling down to about one square league of land. But taking this 
area at its actual superficial measurement, and we find all the Pueblo 
lands not granted to the Sanchez, Galindo, De Haro, Leese, Bernal 
and Noe, as just mentioned, lie north of those grants, and that the 
northern lines of those grants, extending from the Pacific to the Bay, 
together with the water-lines of the Ocean, the straits and the Bay, 
include a less area than four square leagues. I have before said 
( 30 and 39 of this argument) that as San Francisco was situated on 
a peninsula, and the PUEBLO lying at the upper end of it, the meas- 
urement must necessarily be made between the tide-water limits and' 
extending towards the south. Again, in 39, I remarked that if the 
PUEBLO were situated on an island containing exactly four leagues 
or less, then there could be no necessity for any measurement at all, 
for the whole of it must belong to the PUEBLO. Now the late Mexican 
Government itself segregated the PUEBLO lands from the public do- 
main, by granting so much of the adjoining public lands and of the 
Pueblo lands themselves, that less than the patrimonial four leagues 
were left to the Pueblo. The surrounding natural limits of the tide 
waters on the west, north and east have been united by a mathemati- 
cal line defining land-grants of the Mexican Government, the whole con- 


taining less than four leagues. And since then the American Govern- 
ment has traced its lines of survey over the whole tract, so that a child 
can see upon the map that there is less than four leagues left of the 
Pueblo lands, Id cerium est quod cerium reddi potest. When a fact 
is patent, what need of demonstration ? 


124. Before dismissing this subject, and passing on to the great 
fact of the conquest of California by the Americans, it may not be 
inappropriate to a discussion which has assumed a synthetic, and 
therefore a popular form, as it certainly will be refreshing by way of 
diversion, to contemplate for a moment the results which the pious 
kings of Spain and the devoted missionaries had attained under their 
plans of missionary colonization. Looking from a merely philosophi- 
cal stand-point, let us contemplate for a moment the actual results at- 
tained by the Catholic church militant. We have already seen the 
wonderful material success which crowned their efforts ; 59 of this 
argument. But it has been a popular theme among travellers and 
even foreign residents, to depreciate the results attained in point of 
civilization and of religious instruction ; and of these critics Capt. 
Beechy of the Royal Navy, and Alexander Forbes, who published a 
work on California in 1839, are the most prominent. It was some- 
thing, surely, that over 30,000 wild, barbarous and naked Indians had 
been brought in from their savage haunts, persuaded to wear clothes, 
accustomed to a regular life, inured to such light labor as they could 
endure, taught to read and write, instructed in music, accustomed to 
the service of the church, partaking of its sacraments, and indoctrinated 
in the Christian Religion. And this system had become self-sustain- 
ing under the mildest and gentlest of tutilage : for the Franciscan 
monks who superintended these establishments, most of whom were 
from Spain, and many of whom were higjily cultivated men soldiers, 
engineers, artists, lawyers and physicians, before they became Fran- 
ciscans, always treated the neophyte Indians with the most paternal 
kindness, and did not scorn to labor with them in the field, the brickyard, 
the forge, and the mill. 1 De Mofras, 263, 273, 353. When we view 
the vast constructions of the Mission buildings, including the churches, 
the refectories, the dormitories, the workshops, the granaries, and the ran- 
cherias, sometimes constructed with huge timbers brought many miles on 
the shoulders of the Indians, and look at the beautiful stone sculptures 
and ribbed stone arches of the church of the Carmelo, we cannot deny 
that the Franciscan missionary monks had the wisdom, sagacity, and 
patience to bring their neophyte pupils far forward on the road from 
barbarism to civilization, and that these Indians were not destitute of 
taste and capacity. But it is said that the Indians did not " understand 
the mysteries of religion ?" It is not denied that they received them 
as children receive them, with full and undoubting faith, and this mode 
of reception has been given by the author of that faith as the highest 
test of its purity and completeness. But who does comprehend the 


" mysteries of religion ?" Would they not cease to be mysteries the 
moment they were comprehended? Does not "the untutored mind" 
of the " poor Indian " comprehend them as well as the highest capacity 
of the most enlightened intellect ? It is enough that the Franciscan 
monks succeeded in all that they undertook to accomplish. It matters 
not that the Spanish theory of the available capacity of the Americo- 
Indian races for final self-government and independent citizenship was 
a false one ; after having shown that these people could be christianized 
and civilized by the attraction of kindness, and the imposition of sys- 
tematic, regular, and easy tasks while in a state of pupilage, the de- 
struction of the Missions of California seems to have demonstrated the 
converse proposition that these are the only conditions of the proximate 
christianization of these races. 


125. But the result of the good effected by the Missions can al<o 
be determined by contemplating the effects produced by their downfall. 
The Franciscan Monks were generally driven out, but the parish 
Priests did not arrive, so that the neophytes were generally left with- 
out teachers or protectors, and the services of the church for the most 
part ceased. 1 De Mofras, 273. The Mayor-Domos, appointed to take 
charge of the Missions, were often brutal and illiterate persons, some- 
times those who had been menial servants, so that frequently the mis- 
sionary was at the mercy of one of his former herdsmen. Ib. 342, 388. 
The few missionaries who remained were insulted, thwarted, stinted in 
their allowance, and, in some instances, died of starvation while minis- 
tering at the altar. Ib. 303, 380, 390, 421. Meanwhile, the blight 
of demoralization fell upon the authors of this ruin, if we can believe 
the account of judicious travellers and observers. "At the same time 
" with a change of rulers, the country was deprived of the religious 
" establishments upon which its society and good order were founded. 
" Anarchy and confusion began to reign, and the want of authority was 
" everywhere felt ; some of the Missions were deserted, the property 
" which had been amassed in them was dissipated, and the Indians 
" turned out to seek their native wilds." Wilkes' Exploring Expedi- 
tion, vol. V., page 1G2. "This act (Alvarado's regulations of secular- 
"ization), brought about the ruin of the Missions, and the property that 
" was still left became a prey to the rapacity of the Governor, the needy 
" officers, and the administrador, who have well nigh consumed all." 
Ib. 1 68. " The administradors have made themselves and those by 
" whom they were appointed, rich upon the spoils of these Missions." 
Ib. 173 ; Bryant's California, p. 444. " Nothing can be in a worse 
" state than the lower offices, such as the alcaldes, etc. They are now 
" held by ignorant men, who have no ideas of justice, which is generally 
"administered according to the alcalde's individual notions, as his feel- 
u ings may be enlisted, or the standing of the parties. ' To recover a 


" debt by legal means, is considered as beyond possibility, and creditors 
" must wait until the debtor is disposed to pay. Until lately the 
" word of a Californiun was sufficient to insure the payment of claims 
" upon him, but such has been the moral degradation which has fallen 
" upon the people since the Missions have been robbed by the author- 
" ities, and the old priests driven out, that no reliance can now be placed 
" upon their promises, and all those who have lately trusted them com- 
" plain that engagements are not regarded, and that it is next to impos- 
" sible for any one to obtain any returns for goods that have been 
"delivered." Wilkes' Exploring Expedition, V., page 161. "Unfor- 
" tunately, a great number of circumstances have latterly contributed 
"to corrupt the Californians ; contact with strangers, introducing among 
" them habits of luxury, has multiplied their necessities, and excited 
" them to the pillage of the Missions ; the disorganization of the Span- 
" ish military system has rendered them less brave, and their natural 
" proclivity for gambling and drunkenness has increased to such a point, 
" that hardly a California!) is to be found who has not a bottle of brandy 
" in his saddle-bags, with his fire-arms. They have a proverb : " Weap- 
" ons for your enemy, and a bottle for your friend." 2 De Mofras, 22. 
" They are excessively indolent and learn no trades." Wilkes, Vol. V. 
176. " Unfortunately, also, the inhabitants do not profit wisely by the spoils 
" of the Missions. The most of them, instead of preserving the cattle, kill 
" them in order to sell their hides and tallow to trading ships ; the soil 
"rests untilled, for hardly any one but the Indians cultivate it." 1 De 
Mofras, 321. "Agriculture, and the rearing of cattle, form the princi- 
" pal wealth of California ; but these sources of prosperity are dimin- 
" ishing every day, on account of the revolutionary condition of the 
" country, and the dispersion of the Indians of the Missions." Ib. 469. 
" The Indians told me of the outrages they endured from the whites, 
"who deprived them of the few cattle which had been given to them, 
"and pastured their own flocks upon the small patches of ground 
" which had been assigned to the neophytes for cultivation. ' You see,' 
" said they, ' how miserable we are ; the Fathers can no longer protect 
" us, and the civil authorities themselves pillage us. Is it not pitiable 
" to see them tear from us those Missions which we have built, those 
" immense herds gathered by our care, and to be ourselves and our 
" families, exposed to the worst of treatment ? Shall we then be guilty 
" if we defend ourselves, and if, when we return to our tribes in the 
" Tulares, we take all the cattle that follow us ?' " Ib. 345. This 
plan of specific vengeance was soon put into execution. The neo- 
phytes, outraged in every form, generally returned to their native tribes 
among the Tulares, a vast valley at the head of the river San Joaquin.* 
Hardly a night passed in which a raid did not take place from these 
Indians, who, knowing the country intimately, speaking both Spanish 

* NOTE. The natives when first seen by Father Junipero were naked, and knew 
nothing of clothes. Vida de Junipero Serra, Chap. XLIV. When a neophyte deserted 
a Mission and went back to his native tribe, he signified his apostacy by taking off and 
throwing away his shirt, and so returned to his people in the same nude condition in 
which he left them. 


and their own native dialect, and being expert horsemen, descended 
upon the Missions and settlements, sweeping off herds of horses and 
cattle, and sometimes carrying into captivity the wives and daughters 
of the whites. These latter often retaliated by excursions into the 
Indian country, in which whole villages were devoted to slaughter, 
rapine and burning, by the wild and indiscriminate fury of revenge. 
1 De Mofras, 347, 414; Wilkes' Exploring Expedition, Vol. V., 173, 
174. One of the last acts of the Departmental Assembly of Califor- 
nia in 1846, was, on April 29th, to receive a memorial from the inhab- 
itants of San Jose complaining that their lives and property were in 
jeopardy from the attacks of the savages, and to provide ways and 
means for a campaign against the Indians. California Archives, Legis- 
lative Records, Vol. IV p. 672. To crown these calamities, Governor 
Micheltorena, who had come up from Mexico as a counter-revolution- 
ary governor, had brought with him an army of three hundred soldiers, 
which army was formed by taking that number of convicts from the 
prisons of Mexico. 1 De Mofras, 311, 312. See Santa Anna's order 
for this enlistment, El Observador Judicial y de Legislacion, A. D. 1842, 
Vol. I p. 372. A large number of these convict soldiers were left in 
California, from desertion and other causes, and began to commit acts 
of rape, rapine, robbery, mutilation and murder, upon the inhabitants, 
who often organized parties of horsemen, hunted these outlaws with 
lassos, and put them to death like wild beasts. Vigilance Committees 
in California are therefore a tradition of the Mexico-Californian regime 
a scion grafted on a more vigorous stock. But even this did not 
avert the ruin of the Province, which resulted from the destruction of 
the Missions, and this was the deplorable condition of California on 
the eve of its conquest by the Americans. If we ask, where are now 
the 30,000 christianized Indians who once enjoyed the beneficence and 
created the wealth of the twenty-one Catholic Missions of California, 
and then contemplate the most wretched of all want of systems which 
has succeeded them under our own Government, we shall not withhold 
our admiration from those good and devoted men who with such wisdom, 
sagacity, and self-sacrifice, reared these wonderful institutions in the 
wilderness of California. They, at least, would have preserved these 
Indian races, if they had been left to pursue unmolested their work of 
pious beneficence. 

A. D. 1846, 1849. 


126. The conquest of that portion of California which includes 
San Francisco took place on July 8th, 1846, and following the principle 
heretofore alluded to, ante 54, that the civil institutions of a country 
are not overturned by the change of sovereign or political authority, 
Alcaldes were at once appointed for the PUEBLO of San Francisco, 
those then in office having retired, it is presumed. See ADDENDA, 
No. LXXVII, page 111 ; Executive Doc. No. 17, House of Reps. 1st 
Sess. 31st Con. pp. 452, 494, 499. So a Prefect and Judges of First 


Instance were appointed for the District ; Ibid. 797, 832 ; and a Supe- 
rior Tribunal of Justice appointed on the Mexico-Californian basis. 
Ibid. 807, 808, 820, 821, 827. Everything proceeded as if the civil 
institutions of California had not lapsed, but still existed complete in 
form and vigor. 

A. D. 1847. MARCH. 


127, California had not been a year in the possession of the 
Americans, when General Kearny, the Military Governor of the 
Department, on the tenth day of March, A. D. 1847, made a grant to 
the Town of San Francisco of all the Beach and Water Lots lying on 
the east front of the town, between the points known as the " Rincon " 
and " Fort Montgomery," being the " Rincon Point " and a Point 
opposite the dotted line running east from the Presidio, as both are 
indicated on the accompanying map. Those who came to San Fran- 
cisco as late as the Fall of 1849 will remember an open battery on a 
high terrace cut down in the face of the cliff at the latter point, which 
gave its name to " Battery Street" whose lines passed through it. " Beach 
and Water Lots," lands overflowed by the ordinary tides belong to 
the Sovereign of a country. Pollard v. Hagan, 3 Howard, U. S. Rep. 
Formerly these lots in question belonged to Mexico ; when they were con- 
quered from Mexico, they belonged to the United States; when California 
was erected into a Sovereign State they belonged to her as appurtenant 
to her sovereignty, and she granted them to the City of San Francisco. 
California Statutes of 1851, page 307, Chap. 41. But on March 10th, 
1847, these Beach and Water Lots in question undoubtedly belonged 
to the United States, and General Kearny, being the Governor of 
California, and either having the right, or supposing that he had the 
right to grant them, did assume to grant them to the " Town of San 
Francisco." See the grant, ADDENDA, No. LXXII, page 104. It is 
remarkable that Governor Kearny uses every form of description 
which could be conveniently employed to designate the grantees with 
the greatest certainty : " Do hereby grant, convey and release to the 
Town of San Francisco, the people or corporate authorities thereof 
all the right," etc., etc. Governor Kearny was no lawyer, but he may 
have been told that Mexican PUEBLOS were not full corporations but 
only quasi-corporations, as was probably true, and so may have feared 
that a grant to the " corporate authorities " would not have been effect- 
ual. But his own good sense doubtless suggested to him that the 
" people " of the town really constituted the corporation, [5 Abbott 
Pr. Rep. 325,] and that if he used every significant term of descrip- 
tion some of them must work effectually to vest the lands granted to 
the " Town." Be this as it may, this grant or attempted grant shows 
conclusively that the then Governor of California recognized a Town or 
Pueblo of San Francisco, and that this town was not the miserable 
ruined Indian hamlet at the Mission of Dolores, but was the Mexico- ' 


Californian PUEBLO theretofore known as San Francisco or Yerba 

A. D. 1849. MARCH. 


128. Nearly two years had elapsed since the conquest of Cali- 
fornia by the Americans, the gold mines had been discovered, the 
Pueblo of San Francisco had attained a population of 10,000 to 15,000, 
and still had no Municipal government except that of Alcaldes. There 
was no Town-Council, no representative or deliberative local legisla- 
ture, and meanwhile no modern city ever stood in greater need of a 
strong and efficient local government, based directly upon public opinion, 
responsible to it, and controlled by it. The inhabitants of San Fran- 
cisco, with that executive instinct of self-government and self-preserva- 
tion which first challenged the wonder of the civilized world and 
afterwards won its approbation, determined that they would have a 
responsible and representative government. Accordingly they orga- 
nized a " District Legislature " or " Legislative Assembly," an elective 
body, with a Speaker and Clerk, proceeding according to the Anglo- 
Saxon Legislative and Parliamentary Law, assuming to supersede all 
other local officers. See ADDENDA, No. LXXIII, pages 104, 105, 
106, 107. That the citizens of San Francisco who thus undertook to 
supersede the established local authorities, acted in good faith, cannot 
be doubted, for on the 10th March immediately ensuing, they reported 
all that they had done to Major General Persifer F. Smith, Command- 
ing the Pacific Division U. S. Army. Executive Doc. 1st Sess. 31st 
Cong. House of Reps. No. 17, pages 732, etc. General Smith, (now 
long deceased,) who had been a lawyer before he entered the Military 
service of the United States, instead of assenting to the projects of the 
Legislative Assembly, mildly suggested to them that the municipal (or 
civil) laws of California had not been changed by the conquest, and 
that the " Legislative Assembly " was a body wholly unknown to the 
law. Executive Doc. No. 17, 1st Sess. 31st Congress, House, pages 
735, etc. See 54 of this argument. 


129. Governor Riley, the Military Governor of California, hav- 
ing higher powers than Major General Smith, who only remonstrated 
against the creation of the " District Legislature of San Francisco " as 
stated in the next preceding 128 of this argument, and probably 
being fully advised on the points of law involved in the discussion, did 
not hesitate at once to repudiate the action of the citizens of San Fran- 
cisco in constituting a "District Legislature." On June 4th, 1849, he 
issued his proclamation in that regard. See ADDENDA, No. LXXIV, 
page 107. I have entitled that ADDENDA as follows : " Governor 
Riley, Military Governor of California, DENOUNCES ' the Legislative 


Assembly of San Francisco.'" But here the "facilitas utriusque lin- 
guae " for a moment misled me. For the Spanish word denunciar has 
not the strong force of our English word " to denounce," but rather 
the milder sense, " to indicate, to publish, to make known." Thus 
Salva. Diccionario Espaiiol, in verbo : " Denunciar : Noticiar ; avisar 
alguna cosa; prognosticar algo; promulgar; publicar solemnente alguna 
cosa. PROMULGARE." So that when it was said that Governor Riley 
"DENOUNCED" the Legislative Assembly of San Francisco, it was 
simply meant that he DISAPPROVED of it; for, instead of threatening 
to hang or shoot the members of the Legislative Assembly as malefac- 
tors, he merely notified them that they had mistaken their remedy or 
means of relief. See ADDENDA, No. LXXIV, page 107, over date of 
June 4th, 1849. 



130. But on the very next day, June 5th, 1849, (and perhaps 
accompanying it in the same envelope, with that admirable considera- 
tion which is la politesse des superieurs) the Governor transmitted to 
some of these same gentlemen of the Legislative Assembly together 
with others, an order for the election of an Ayuntamiento of the Pue- 
blo or Town of San Francisco, indicating that that was the legal and 
perfectly adequate mode of relieving the existing pressure upon the 
inhabitants of that Pueblo. See ADDENDA, No. LXXV, page 108. 
This admirable document sets forth in the most condensed, and yet in 
the clearest manner, the rights of the PUEBLO to a representative and 
deliberative local legislature, (ADDENDA, No. LXXV, page 109, and 
47, 90, 92, of this argument,) and also : IF 1st, the police, administra- 
tive and fiscal powers of the Ayuntamiento ; Ibid, IF 2 : 2dly, the right 
of the Ayuntamiento to grant building lots ; Ibid, IF 3 : ante 83 of this 
argument ; 3dly, the inviolability and inalienability of the ejidos ; Ibid, 
IF 3 : ante 14 of this argument, and 4thly, that all elections should 
be duly certified, transmitted to the Governor, and receive his approval. 
Ibid, IF 4. Thus the familiar principle of the law of nations, and of 
all Public Law, was formally and properly recognized, and well 
expressed, namely, that when a country is conquered, the laws regulat- 
ing the rights and relations of citizens towards each other, and the 
rights of property, remain unchanged. See 54, 84, of this argu- 
ment. And here again we see that in June, 1849, the Military Amer- 
ican Governor of California, was fully impressed with the notion that 
the PUEBLO of San Francisco existed, and that it had a proprietary 
right to grant lands, which it could not have had unless they belonged 
to it. How remarkable it is, that all the Mexico-Californian Govern- 
ors and Legislatures, and after them the Americo-Californian Govern- 
ors and Secretaries of State should have been mistaken in this res- 
pect, IF IT WAS A MISTAKE ! That this Ayuntamiento thus ordered 
by Governor Riley to be instituted was elected, organized, and went 


into operation is very evident from public history, a condensed resume 
of which is found in No. LXXVII, pages 111, 112, of the ADDENDA, 
prepared by the present very efficient City Clerk, who anticipated me 
in compiling that list; and also from the more convincing fact, 
that the present citizens of San Francisco are now submitting to annual 
taxation for the purpose of paying the debts created by that same Ay- 
untamiento or Town Council, under the pressing necessity of providing 
instantly for the Town Halls, Court-rooms, jails, streets, and sewers 
required by a WHOLE NATION of civilized people, set down bodily and 
at once on the sandy slopes of the old PUEBLO of San Francisco. 
The United States kindly concedes that we may pay the debts of the 
ancient PUEBLO OF SAN FRANCISCO, but endeavors to confiscate the 
lands of that PUKBLO. Is this the definition of a paternal government ? 
The old caducous government of Mexico would at least have let us 
alone. This Ayuntamiento thus ordered to be elected by Governor 
Riley, and thus elected and organized, was on January llth, succeeded 
by another Ayuntamiento, elected on the same Hispano-Californian 
basis, which held office from January llth to May 8th, 1850. See 
ADDENDA, No. LXXVII, page 112. 

A. D. 1850. APRIL. 


131. On the 15th of April, 1850, the legislature of California 
raised San Francisco to the dignity of a City. See An Act to incor- 
porate the City of San Francisco, Laws 1850, chap. 98, page 223. 
If the inhabitants had theretofore been only a gmm-corporation, they 
then became a full corporation, with all the powers belonging to such 
institutions. By the same act, page 229, 11, the Legislature declare 
that on the day when that City Charter should go into effect, " all the 
" powers and functions of Prefect, Sub-Prefect, Alcaldes, Second Al- 
" caldes, the Ayuntamiento, and all other officers whatsoever, hereto- 
" fore exercising authority in the MUNICIPAL GOVERNMENT OF THE 
" Francisco, shall cease and determine." This demonstrates the fact 
that in less than three years after the conquest by the Americans, the 
Legislature of California believed that there was an organized PUEBLO 
of Yerba Buena or San Francisco. In 1, page 223, of the same act, 
the Legislature fix the corporate limits of the City, which, on consult- 
ing the map, we find did not include the whole of the MISSION OF 
DOLORES. In the same section is a provision that the fixing of these 
boundaries shall not " be construed to divest or in any manner preju- 
dice any right or " privilege to which the City of San Francisco may 
be entitled beyond " the limits above described." These declarations 
establish two facts : 

FIRST: That although the Legislature recognized the PUEBLO OF 
SAN FRANCISCO, they did not imagine that it was located at the MIS- 
SION OF DOLORES, for when they raised the PUEBLO to the rank of a 


City, they did not include all of the Mission of Dolores within its boun- 

SECONDLY: That the Legislature "had heard" of some claim of 
the PUEBLO of San Francisco to lands situate beyond the limits pre- 
scribed for the new incorporation. It was only years afterwards that 
counsel were found bold enough to assert that " nobody had ever heard 
of such a claim." 


132. Meanwhile the Ayuntamiento of San Francisco, supposing 
that they had the ownership in trust of the Pueblo lands, proceeded to 
execute the Legislative enactment of the Cortes of Spain of January 
4th, 1813, ordering the Pueblo lands to be sold, (see ante 52 of this 
argument, ADDENDA, No. XI, page 21,) and at various dates in the 
years 1849 and 1850 a large portion of those lands was exposed for 
sale at public auction by the authorities of the Pueblo, and pub- 
licly sold, the proceeds of which were paid into the treasury of the 
Municipality. See Wheeler's Land Titles, which are in evidence in 
the case by stipulation. And afterwards, when the new city found 
itself in debt, and was struggling to regain its credit, its Common 
Council created a " Board of Commissioners of the Sinking Fund of 
the City of San Francisco," to whom the most valuable of these lands 
were conveyed, in the hope that on the credit of their hypothecation 
a fund might be created, upon which the debt of the city might be 
funded for a period of years, and thus delayed until it could be grad- 
ually liquidated from the resources created by these lands and the an- 
nual revenue of the city. See the history of this plan, Smith v. 
Morse, 2 California Reports, 524. When this plan proved ineffectual, 
another device was successfully adopted, namely : to fund the existing 
city debt on a credit of twenty years, pledging to the payment of its 
annual interest and of $50,000 annually to its Sinking Fund a first 
lien on all the revenues of the city derived from taxation, and also all 
those Pueblo lands theretofore conveyed to the Commissioners of the 
Sinking Fund, who were required to convey, and did convey them to 
the " Commissioners of the Funded Debt" created for that purpose. 
See Laws of California for 1851, Chap. 88, page 387, and page 390, 
12 of "An A.ct to authorize the Funding of the Floating Debt of the 
City of San Francisco, and to provide for the payment of the same," 
passed May 1st, 1851. It is a matter of history that under that Act 
the Commissioners of the Funded Debt sold a vast quantity of real 
estate, constituting a large portion of the current titles to land, to 
which there is no title at all in the hands of these grantees, immediate 
and derivative, except that derived from the CITY OF SAN FRAN- 
CISCO. See Wheeler's Land Titles in evidence ut supra. And even 
as late as the year 1862 the Legislature of California, by " An Act to 
authorize the Commissioners of the Funded Debt of the City v of San 
Francisco to compromise and settle certain claims to real estate, and to 


convey such real estate pursuant thereto," passed April 14th, 1862, 
Laws 1862, chap. CCIII, page 217, and held to be constitutional in 
Babcock v. Middleton, 20 California Reports, 643, referred to and 
adopted these conveyances of Pueblo lands to the Commissioners of 
the Funded Debt as a source of title. Can it be possible that all the 
constituted authorities of Spain, Mexico and California, for a period 
of more than two hundred and sixty years, have been afflicted with a 
persistent, pestilent and noxious ignorance on the subject of PUEBLO 

133. In the years 1851-52 the creditors of the city, who had ob- 
tained judgment on their claims, issued executions upon their judgments, 
and levied upon these same PUEBLO lands, as if they were the prop- 
erty of the city, and exposed them for sale by the Sheriff. Such sales 
were restrained by injunction from the District Court, upon the very 
ground assumed by the authorities of California under the Mexican 
regime, that the lands were held in trust for the citizens of the Pueblo. 
80, 81, of this argument, and which propositions were ten years after- 
wards sustained by the Supreme Court of California, in the case of 
Hart v. Burnett, 15 California Reports. See City of San Francisco 
vs. Le Roy, case No. 597, 4th District Court ; City of San Francisco 
vs. Dunbar, case No. 598, in the same Court.* 



134. From the preceding narrative argument we infer : 

1- That each Hispano-American Pueblo consisting of ten or more 
married male heads of families, was entitled to four leagues of land 
as a part of the patrimony of the Pueblo. See 28, 29, of this argu- 

2- That such four leagues of land were to be measured in a square 
or prolonged form, taking the centre of the Plaza or Public Square of 

* It is very commonly said that tlie city has always been unsuccessful in its litiga- 
tions. The litigation of a municipal corporation is always of a special and troublesome, 
and generally of a difficult character. With some considerable experience in that 
respect, I may be permitted to say that the City of San Francisco has been faithfully 
served by its official servants in the conduct of its law business. Col. Holt, the first 
City Attorney under the charter, was eminently successful in the management of the 
vast litigation which the city inherited as a portion of its birthright ; and there is probably 
not one of his successors who can be justly accused of remissness in the discharge of 
his duties. If I may be permitted to make a grateful suggestion for the benefit of a city 
to whose kindness I owe so much, it is that the law business of the city can never be 
perfectly and systematically managed until the office of City Attorney and Counsel is 
elevated into a DEPARTMENT, with its Bureau in the City Hall, and its' records as com- 
plete and in as permanent a form as those of any other public office. Then an era of 
confusion would not attend every change in the personnel of the office, and the actual 
incumbent would always have 'at his command properly arranged, digested and in- 
dexed, all the information belonging to his Department, and a reliable history of every 
law suit in which the city had ever been engaged. Yet those litigating against the city 
are evidently interested in having the municipality inadequately defended in its litiga- 
tion, and the clamor of economy raised by them will probably always prevent the proper 
means being adopted for the coinpletest vindication of the rights of the city in the courts. 


the PUEBLO as a starting point, but that if the sea, mountains, marshes 
or other wastes intervened, the measurement was to be taken in 
some other convenient direction ; and if waste or other useless lands 
were still found to be within the boundaries, they were to be included 
within the lines of the survey, but not to be computed in the calculation 
of the area. See 28, 30, of this argument. 

(3- That the conformation of the peninsula of San Francisco is such 
that there could be only one possible parallel of latitude, which, with 
the water line surrounding the peninsula, would include the four leagues 
belonging to the PUEBLO, and therefore it was not necessary that that 
line should be actually surveyed. Id cerium est quod cerium reddi 
potest. But that afterwards the Mexican Government made such grants 
of adjoining lands that there is left for the PUEBLO less than the four 
leagues to which she is entitled, and the superior authorities have 
therefore segregated what is left as belonging to the Pueblo, and so re- 
duced that area to certainty. See 30, 39, 123 of this argument. 

4:- That said four leagues of land were capable of being divided 
into solares or building lots, suertes or sowing lots, propios or lands to 
be rented for Municipal Revenue, ejidos or commons, and dehesas or 
the large cattle pasture ; but that such division was decided by con- 
venience solely, and that the right of PUEBLOS to these four leagues 
of land did not depend upon the division being actually made. See 
10, 11, 14, 15, 16 of this argument, and ADDENDA No. L, page 71, 
title "Municipal Funds and Revenue." 

>_ That the PRESIDIOS were recognized as PUEBLOS, and that 
such PRESIDIAL-PUEBLOS, equally with other PUEBLOS, were entitled 
to their four leagues of land, to be measured in the same manner. See 
44 of this argument, and ADDENDA No VIII, page 17. 

_ That San Francisco was founded in 1776, as a Hispano- 
American PRESIDIAL-PUEBLO, with eighteen married male soldiers 
and seven married male colonists, and so as such PUEBLO was entitled 
to four square leagues of land. See 34 and 44 of this argument. 
[The words " siete pobladores tambien casados y con familias, seven 
settlers also married and with families." are not translated in section 
44.] That its population in 1825 approached the number of 500 
inhabitants, ante 55, and was never reduced below the " ten male 
married heads of families " which entitled it to four square leagues of 
land ; even if it were conceded that such a reduction would work a 
forfeiture of the vested rights of the Pueblo to its lands, which we do 
not concede. See 28, 34, 73, and ADDENDA No. LXXVI, page 110. 

T*.. That it was an organic feature in the Jlispano- American system 
of administration that populations existing in settlements should be 
governed by representative and deliberative municipal bodies called 
AYUNTAMIENTOS or Common Councils ; that towns of a certain popu- 
lation were entitled to have Ayuntamientos of their own, as a matter 
of course ; but that if populations were too small to be each entitled 
to an Ayuntamiento of its own, they were either joined together to form 
an AGGREGATED AYUNTAMIENTO, or were attached to some PUEBLO 
which had an Ayuntamiento of its own. See 47 of this argument. 


8- That in the autumn of the year 1834, an Ayuntamiento was 
organized at San Francisco for the PARTIDO OF SAN FRANCISCO, 
including small neighboring populations, that is to say, an Ayunta- 
miento Aggregate, and that this AYUNTAMIENTO AGGREGATE was 
elected, organized, and entered upon the discharge of its functions. 
See 47, 70, 71 of this argument. 

0- That immediately afterwards it was discovered that the PUEBLO 
of San Francisco had a population sufficient to entitle it to an Ayunta- 
miento of its own, and thereupon an Ayuntamiento of the PUEBLO 
was organized, to which the population of Contra Costa was for awhile 
attached ; namely, a COMPOSITE AYUNTAMIENTO, which superseded 
the Ayuntamiento of the PARTIDO. See 47, 72, 74, 76, 77 of this 

1O- That the PUEBLO of San Francisco was a fully organized 
body politic and CORPORATE, and that it and its Ayuntamiento not 
only claimed to be such, but were repeatedly recognized as such by the 
Governor, the Departmental Legislature, and by the citizens of Cali- 
fornia. See 77, 82, 83, 84, 87, 88, 96, 100, 110, 112, 120, 122 of 
this argument. 

11. That this Ayuntamiento of the Pueblo of San Francisco 
possessed the power to grant, and did grant lands for building lots, 
which it could not do unless the PUEBLO OF SAN FRANCISCO was a 
body politic and corporate, and the owner of such lands. See 83,84, 
87, 98, 100, and ADDENDA No. LXXVIII, pages 113, 114, of this 
argument. That no measurement of those four leagues of land was 
actually necessary, but that by the survey of adjoining lands the 
PUEBLO lands have been effectually segregated from the public 
domain. See 30, 39, and 123 of this argument. 

1S_ That meanwhile the Governor and Departmental Assembly, 
assuming to be the superior visitors, inspectors, and directors of said trust, 
did lawfully grant a large portion of said four leagues of land to citizens 
of said PUEBLO in fee simple, for purposes of grazing and farming. 
See 80, 81, 82, 97, 102, 120 of this argument, 

1(3- That in the year 1835 a settlement was begun within the 
limits of the PUEBLO of San Francisco, on its north-eastern frontage 
upon the Bay, which was then called YERBA BUENA,* and which is the 
present site of the most thickly settled portion of the present City of 
San Francisco. That the population of the PUEBLO OF SAN FRAN- 
CISCO gradually shifted itself to YERBA BUENA, and the PUEBLO was 
known indifferently by the name of PUEBLO of San Francisco, PORT 

* So named from the fact that that locality abounded in " Yerba Buena the good 
herb," a species of aromatic mint, reputed to be efficacious as a febrifuge. I believe that 
the designation of " Yevba Buena," euphonious in itself and replete with historical as- 
sociations, is now attached to only a disused cemetery, which is about to be appropri- 
ated to other uses, and to " Yerba Buena Lodge iS'o. 15," of the Independent Order of 
Odd Fellows. The island opposite the city, between its water front and Contra Costa, 
was formerly called " La Isla de YerbaBuena Yerba Buena Island," but several 
years ago some experimental Yankee planted there a colony of goats, and since then it 
Las generally been called " GOAT ISLAND." It is to be regretted that the designation 
Yerba Buena has not been more generally perpetuated. 


of San Francisco, YERBA BUENA, and PUEBLO of Yerba Buena. 
See 120, 111 and 42, 55, 110 of this argument, and ADDENDA No. 

14_ That in the year 1838 the Ayuntamiento of the PUEBLO of 
San Francisco was suspended, because the requisite basis of population 
for an Ayuntamiento was raised to 4,000 inhabitants; but that the 
PUEBLO still retained its character of body politic and corporate, and 
was administered by Alcaldes and Justices of the Peace with the powers 
of Ayuntamientos. See 89, 90, 92 of this argument and No. LXIX, 
page 100, of the ADDENDA. 

15. That these Justices of the Peace, thus having the powers of 
an Ayuntamiento, made and promulgated Municipal Ordinances for the 
government of the PUEBLO OF SAN FRANCISCO, which were published 
in that Pueblo. See 96 of this argument, and ADDENDA No. 
XLIII, page 62. 

1G_ That the Alcaldes and Justices of the Peace of the PUEBLO 
OF SAN FRANCISCO continued to grant the lands of the PUEBLO of 
San Francisco down to the year 1846, and within twenty days of the 
conquest of California by the Americans, which they could not do 
unless the PUEBLO of San Francisco continued to exist as a body 
politic and corporate, and was the owner of said lands. See 100, 
83, 84, of this argument, and also ADDENDA No LXXVIII, page 113. 

IT*.. That this Pueblo of San Francisco had a complete fiscal or- 
ganization, with Syndics regularly elected during the existence of the 
Ayuntamiento, and appointed by the Governor after that time. See 
ADDENDA, Nos. XXX, page 47 ; XXXV, page 54 ; XLV, page 63 ; 
LIV, page 75 ; LXV, page 95. 

18 _ That when California came into the possession of the United 
States, the constituted authorities of the new Government recognized 
the PUEBLO of San Francisco, its corporate existence, its right to its 
lands, and restored its Ayuntamiento ; and that the Legislature of Cali- 
fornia made the same recognition when it raised that PUEBLO to the 
rank of City. See 126, 127, 129, 130, 131, of this argument, 

10 _ That there was near the Pueblo of San Francisco a Catholic 
Mission of converted or neophyte Indians, called the Mission of DO- 
LORES de San Francisco, [" La Mission des Douleurs de Saint 
Frangois d' Assise of the anguish of Saint Francis of Assise,"] (1 De 
Mofras, 424;) founded also in the year 1776; see 34 of this argu- 
ment. That this Mission was never very prosperous, but from the year 
1815 declined rapidly in population. ADDENDA, No. LXXVI, page 
110, ante 115. That the neophyte Indians lived there in a state of COM- 
MUNITY from which they never emerged; 17, 78, 79, 82, 88, 93, 99, 
102, 107, 112, 114. That the Mission and Community died of inanition 
between the years 1840 and 1844, and were lawfully declared extin- 
guished by a formal inquest of office in the year 1845 ; 115, 116, 
117, 120. That it was originally intended that this Mission should 
become secularized, and be erected into an Indian Pueblo, like all 
other such Missions, 17, but that as above shown this was never 
accomplished ; and that although it was sometimes called the Pueblo of 


Dolor 'es, that word Pueblo was thus employed only in the sense of " set- 
tlement;" 9, 88, 98, 114, 117, and that the Mission of Dolores was 
never a PUEBLO in the sense of an organized town or body politic or 
corporate ; but on the contrary, as late as the year 1844 its inhabitants, 
including Prefects, sub-Prefects, Alcaldes, Justices and Regidores, past 
and present, petitioned the Governor setting forth that the Mission of 
Dolores had never had the title of PUEBLO, and praying that it might 
be granted to it in future, which application was not granted; 114, 
and ADDENDA, No. LXXI, page 102 ; and that in the next year, 1845, 
the said MISSION OF DOLORES, by a formal inquest of law, was for- 
ever extinguished, and never reached or could reach the condition of an 
organized PUEBLO ; 115, and ADDENDA, No. LXII, page 88, Arti- 
cles 1 and 2 ; and LXXIII, page 90, Art. 1. 

OF DOLORES, (otherwise called the ESTABLISHMENT of Dolores) were 
perfectly distinct, and never confounded with each other, nor has an 
attempt ever been made to confound them, until long since the conquest 
of California by the Americans. See 77, 88, 93, 102, 104, 126, 127, 
130, 131, 132. 

51- That on the 7th day of July, A. D. 1846, [the date of the 
conquest of California by the Americans] there was a PUEBLO 
existing at San Francisco. 

135. It did not need so long and minute a narrative to sustain 
the inferences above made, for the law would have presumed all the 
substantial facts which that narrative has incontestably established. 
The fact that a town has de facto an organization of the usual officers 
who were elected and served as such, is prima facie evidence of the 
legal organization of such town. Town of Londonderry vs. Town of 
Andover, 28 Vermont Rep. 416. And also that it is a corporation capa- 
ble of holding and transmitting real estate, and of being by prescription 
the owner of such real estate. Robie vs. Sedgwick, 35 Barbour S. C. 
R. 319. 2 Kent, 277. Angell & Ames on Corp. 57. Dillingham vs. 
Snow, 7 Mass. 547. Stockbridge vs. West Stockbridge, 12 Mass. 400. 
In order to dedicate property for public use in cities and towns and 
other places, it is not essential that the property should be vested in a 
corporate body. It may exist in the public alone ; and the sovereign 
is bound by the dedication, even if there is no actual grant. New 
Orleans vs. The United States, 10 Peters 662. It was therefore wholly 
unnecessary for the claimants to show that the PUEBLO of San Fran- 
cisco was an actual legal and fully organized body politic and corpo- 
rate, the owner of lands which it could grant to its citizens, and which 
had been completely segregated from the public domain. But those 
facts were true, and the PUEBLO of San Francisco has shown them by 
incontestable proofs. What will be the result ? The final result can- 
not be doubted, but meanwhile it is very evident that the United States 
will advance the following propositions : The Pueblo of San Fran- 
cisco existed : THEREFORE it did not exist. It had the conceded right 
to grant PUEBLO lands : THEREFORE it had no Pueblo lands. The 


PUEBLO of San Francisco was a fully organized body politic and cor- 
porate : THEREFORE it was the Indian Mission of Dolores which never 
became a PUEBLO. We must not even smile over these propositions, 
for they are those of the learned counsel of the United States, who 
sustain the dignity of the Republic upon their shoulders. 

A. D. 1851. 


136. On March 3d, 1851, the Congress of the United States 
passed " An Act to ascertain and settle Private Land Claims in the 
" State of California" (United States Statutes at Large, vol. 9, page 
631,) which contains the following enactments: 

"SECTION 1. That for the purpose of ascertaining and settling 
" private land claims in the State of California, a commission shall be, 
" and is hereby constituted, which shall consist of three Commissioners, 
" to be appointed by the President of the United States, by and with 
" the advice and consent of the Senate, which commission shall con- 
" tinue for three years from the date of this Act, unless sooner discon- 
" tinued by the President of the United States." 

" SEC. 8. That each and every person claiming lands in California 
" by virtue of any right or title derived from the Spanish or Mexican 
" government, shall present the same to the said Commissioners when 
" sitting as a Board, together with such documentary evidence and tes- 
timony of witnesses as the said claimant relies upon in support of 
" such claims ; and it shall be the duty of the Commissioners, when 
" the case is ready for hearing, to proceed promptly to examine the 
" same upon such evidence, and upon the evidence produced in behalf 
" of the United States, and to decide upon the validity of the said 
" claim, and within thirty days after such decision is rendered, to cer- 
" tify the same, with the reasons on which it is founded, to the District 
" Attorney of the United States, in and for the district in which such 
" decision shall be rendered." 

" SEC. 14. And be it further enacted, [1] That the provisions of this 
" Act shall not extend to any town lot, farm lot, or pasture lot, held 
" under a grant from any corporation, or town to which lands may have 
" been granted for the establishment of a town by the Spanish or Mexi- 
" can government, or the lawful authorities thereof, nor to any city or 
"town, or village lot, which city, town or village existed on the seventh 
" day of July, eighteen hurdred and forty-six ; but the claim for the 
" same shall be presented by the corporate authorities of the said town, 
" or where the land on which the said city, town or village was origin- 
" ally granted to an individual, the claim shall be presented by or in the 
" name of such individual [2] ; and the fact of the existence of the said 
" city, town or village on the said seventh July, eighteen hundred and 
"forty-six, being duly proved, shall be prima facie evidence of a grant 
" to such corporation, or to the individual under whom the said lot- 
" holders claim [3] ; and where any city, town or village shall be in 


"existence at the time of passing this Act, the claim for the land 
" embraced within the limits of the same may be made by the corpo- 
" rate authority of the said city, town, or village. 


137. The above 14 contains the provisions under which the 
present claim is presented. 

1. The FIRST CLAUSE [1] provides that the presentation of a claim 
to PUEBLO lands by any PUEBLO existing on July 7th, A. D. 1846, 
whether known as city, town or village, and its confirmation, shall in- 
nure to the benefit of all persons holding lands by grant from that 
PUEBLO ; a most beneficial enactment, preventing a multiplicity of suits, 
making one proceeding effectual for a large number of claimants, which 
in the case of the Pueblo of San Francisco would probably have 
amounted to thousands. 

2. THE SECOND CLAUSE [2] provides that when the existence on 
the 7th of July, A. D. 1846, of a town established by the Spanish or 
Mexican authorities is proved, that fact shall be prima facie evidence 
of a grant to such town. This enactment seems to have been made for 
two purposes : First, to satisfy those who it was foreseen would clamor 
for a paper or parchment grant, duly engrossed, signed, sealed and de- 
livered ; see ante 29 of this argument. And such persons are com- 
forted with the assurance that sueh.a grant is held by law to have been 
made, although it cannot now be found. Secondly, to relieve all doubts 
as to the question of survey, and to answer the objections of those who 
might contend that there having been no actual grant, but only a remote 
equitable right to a grant which was never carried into execution, this 
right has now been lost. To such persons this enactment replies : 
" there is presumed to have been a grant ; the PUEBLO is entitled to 
the lands ; it is now necessary only to fix their boundaries and issue a 
patent for the tract included within them." 

3. The Third provision [3] seems to be a general enactment made 
for the purpose of providing for such contingencies as might exist 
without the knowledge of Congress. Thus a PUEBLO might at the date 
of the passage of the Act of Congress exist as a new corporation 
created by Act of the Legislature, with a name different from its 
PUEBLO name, and in this case the claim might be presented by the 
new corporation. There might be a possible case where a PUEBLO 
existed before July 7th, 1846, and granted land to its citizens, and yet 
fell into decadence and did not exist on July 7th, 1846, but afterwards, 
under the Anglo-American dominion, revived, and became incorporated, 
and had a corporate existence at the time of the passage of the Act of 
Congress ; and in this case also, the claim could be presented by the 
new corporation. The phrase " the claim for the land embraced within 
the limits of the same," must of course be construed to mean the pro- 
prietary limits. No other construction would carry into effect the 
purpose of the law, which is, to comply with the duty of the United 
States resulting from public law and guaranteed by the Treaty of 


Guadalupe-Hidalgo, to confirm to the citizens of California the rights 
and property possessed by them at the time of the conquest. 



138. The Supreme Court of California in the case of Hart vs. 
Burnett, 15 California Reports, 530, has expressly decided the whole 
question, namely : that San Francisco was a fully organized PUEBLO, 
and as such entitled to four square leagues of land ; and that decision is 
followed not only by the Courts of the State, but also by the Circuit 
Court of the United States for California. We think this decision is 
binding upon this Conrt. In the complex adjustment of sovereignty 
under our Federal system, the State Courts of California are the com- 
plement of the Federal Courts, that is to say, the State Courts represent 
that other portion of the judiciary which is necessary to make up a 
complete judiciary of the sovereign power. The Federal Courts rep- 
resent in that respect one-half of the judicial power of a complete 
sovereignty, and the State Courts represent the other half. The 
comity of nations, which compels Courts representing equal sovereign- 
ties to accord a certain deference to each other's decrees, applies in the 
case at bar not with an equal but with a constraining force, and while 
this Court is bound to give only an effect of equality to the decrees of 
its co-ordinate State Jurisdictions of equal rank, it is bound to give 
a greater effect to the decrees of thaf State Court of California which 
is not its co-ordinate, but its superior in rank. District Courts of the 
State of California are the co-ordinates of the District Courts of the 
United States. To their decrees, as to those of its co-ordinates, a Dis- 
trict Court of the United States for California may, or may not, accord 
a binding force. But the Supreme Court of the State of California is not 
the co-ordinate of the District Courts of the United States for the State 
of California, but is the co-ordinate of the Supreme Court of the United 
States. When, therefore, the Supreme Court of the State of California 
has decided a case and the Supreme Court of the United States has not 
decided to the contrary, we submit that all the District Courts of the 
United States for California are bound to follow that decision, just as 
fully as if the Supreme Court of the United States had made it, and 
that it does not belong to a Court of inferior rank, but only to the 
judiciary of equal, co-ordinate and complementary rank, to pronounce 
a dissenting decree. We advance these propositions in all boldness, 
but with all due respect. Again. When the course of events has 
called the Supreme Court of Appeals of the State of California to 
pronounce first in affirming a class of titles to lands under a Mexican 
grant, upon points resting upon municipal law, for a District Court of 
the United States of one of the Districts of California to pronounce 
any different decision, would be productive of such disastrous results 
that the right to do so must be denied upon considerations of conveni- 
ence alone. In such cases common prudence requires that if an 
accepted rule of property is to be disturbed, it shall be done only by 
that Superior Tribunal whose decisions are final. 

RESUME. 101 


139. We have shown, then, the ancient immemorial unrepealed 
laws of Spain and Mexico, never doubted, but always acknowledged, 
which entitled the PUEBLO of San Francisco to Four Square Leagues 
of land. We have shown this PUEBLO in existence in the form of a 
complete and fully organized Municipality, recognized by the Gover- 
nor, the local Legislature, and by the citizens universally, and after- 
wards by the United States and the State of California. We have 
shown this PUEBLO in possession of a portion of these lands, and deal- 
ing with them as with its own property ; and the possession of a part 
under color of title, is a constructive possession of the whole. We have 
shown that the governments of Mexico and of the United States have 
defined the limits of these lands by surveys of adjacent lands granted 
by the former government. We have shown the United States coming 
to the rescue against the most Quixotic assaults, and expressly declar- 
ing by law that a grant of lands to the Pueblo shall be presumed. We 
have shown that the highest Court of the State of California, in the 
administration of its municipal laws, and compelled to take judicial 
knowledge not only of the laws but also of the history of the country, 
has acknowledged all the law and the facts, and conceded and con- 
firmed all the rights for which we contend. 



140. The consideration of the legislative direction or control 
which the Legislature of California in virtue of its right of sovereign- 
ty has heretofore asserted, or may hereafter assert over the execution 
of the trust to which these four leagues of PUEBLO lands are subject 
for the benefit of the inhabitants of the city, is a mere speculative one, 
and is not to be regarded in the decision of the case. We have shown 
that these lands were always held in trust for the benefit of the citi- 
zens of the PUEBLO, and that this feature was stamped upon all the 
colonization laws ; see the four league laws, ADDENDA, Nos. I and II ; 
DeNeve's Regulations of 1781, ADDENDA, No. IV; Plan of Pitic, 
ADDENDA, No. VII ; that the Cortez of Spain, as well as the Gover- 
nors and Departmental Assembly of California exercised the right to 
modify, direct and control the execution of this trust, 52, 80, 81, of 
this argument; and that the State of California has succeeded to this 
sovereign right of inspection and control ; New Orleans vs. The United 
States, 10 Peters 736, 737; Dartmouth College vs. Woodward, 4 
Wheaton 518; Hart vs. Burnett, 15 Cal. 530; People vs. Morris, 
13 Wend. 325; East Hartford vs. Hartford Bridge Co., 10 Wheaton 
511. But what is to be the ultimate disposition of these PUEBLO 
lands does not concern this Court. When it shall T have confirmed to 
the City of San Francisco the same title and interest which its prede- 
cessor had in four leagues of Pueblo lands, it will have done all that 
the law requires of it, and all that we claim at its hands. 



THE PRESIDIO OF SAN FRANCISCO did not survive the removal of the popula- 
tion from that point to Yerba Buena as stated in 55, 111, 120, and ADDENDA, No. 
XXVL. Lieutenant Wilkes, who visited San Francisco with his Exploring Ex- 
pedition in 1841, says : "After passing through the entrance of the bay, we were 
scarcely able to distinguish the Presidio ; and had it not been for its solitary flag- 
staff, we could not have ascertained its situation. From this flag-staff no flag 
floated ; the building was deserted, the walls had fallen to decay, the guns were 
dismounted, and every thing around it lay quiet. I afterwards learned that the 
Presidio was still a garrison in name, and that it had not been wholly abandoned ; 
but the remnant of the troops stationed there consisted of no more than an officer 
and one soldier." Wilkes' Exploring Expedition, Vol. V, p. 152; Bryant's Cali- 
fornia, 429. De Mofras, writing in 1842 although his first and probably his only 
visit to the Presidio was in 1840 writes : "The Presidio of San Francisco is in 
ruins, and completely disarmed; it is inhabited only by a sub-lieutenant and five 
farmer soldiers and their families." De Mofras, Vol. I, p. 427. From this con- 
dition of ruin and abandonment the Presidio never recovered until after the Anglo- 
American conquest. It does not seem to be generally known that there was form- 
erly a chapel at the Presidio, which, with the Governor's house enjoyed the dis- 
tinction of being white-washed ; Beechy, Vol. II, p. 9. Farnham's California and 
Oregon (1844), p. 353. 

EJIDOS AS A GENERIC TERM. I have in the course of the argument several 
times called attention to the fact that many translators have confounded the 
terms ejidos and dehesas when those terms were used as specific terms contradistin- 
guished from each other ; namely, the ejidos as designating the vacant suburbs or 
commons immediately next to the settled portion of the Pueblo, and the dehesas in- 
dicating the great herd pasture lying beyond. ^See 14, 15, 103 of this argu- 
ment. But I have inadvertently omitted to state that ejidos was also used as a 
generic term to designate the whole body of lands to which the Pueblo was enti- 
tled, which was capable of being divided into 1st. Propios, 10; 2d. Ejidos, 
specific, vacant suburbs or commons, 14 ; and 3d. Dehesas, the great outside cat- 
tle pasture, 15. Ejidos, in a general sense, meaning all the lands of the Pueblo, 
before they were subdivided, was frequently used by the Governors and Secretaries 
of State in California before the conquest by the Anglo-Americans. Thus in the 
case of Dona Martina Castro vs. The United States, No. 343 in this Court, (No. 
593 of the Land Commission,) it appears from the Espediente (No. 31,) that the 
Ayuntamiento of the Villa of Branciforte objected to the grant of the lands solicited 
by Dona Martina, because they might fall within the ejidos of that Villa, which 
had not yet been marked out. Jimeno, the Secretary of State, over date of Feb- 
ruary 8th, 1844, in a report which the Governor approved, states that the grant 
had been drawn subject to a tax, in case the lands proved to be within the ejidos, 
and adds : " I understand the town of Branciforte is to have (se le debe senalar) 
for ejidos of its population four square leagues in conformity to the existing law 
of the Recopilacion of the Indies in Volume II, folios 88 to 149," being the four 
league law cited in 28 of this argument. This furnishes an example of the use 
of ejidos in a generic sense ; and also shows that the Secretary of State and the 
Governor of California, in the year 1844, considered that each PUEBLO was entitled 
to four square leagues of land. So when the Governor in 1840, ADDENDA No. L* 
p. If title COMMONS, reports that none of the towns have their ejidos and propios 
marked out, the word ejidos is used generically to designate the whole four 
leagues ; and the complaint of the Governor is to the effect that the towns have 
not yet had their propios assigned, and so do not know what municipal revenues 
can be derived from that source, because the great body of the lands of the town 
the ejidos, out of which the propios are to be assigned, are not yet marked out. I 
have shown in 15, that " common lands," present an equivocal translation of the 
term ejidos, for that phrase includes not only the specific ejidos which were a por- 
tion of the inalienable patrimony of the PUEBLO, but also the dehesas, in which the 
PUEBLO had only a qualified property, subject to the superior legislative control. 


No. I. 

FRecopilacion de Leyes de los Reynos de las Indias. Libro IV, Titulo V, Ley VI Ordenanza 
del Hey Don Felipe II.] 

LEY VI. Que la capitulation para Villa de Alcaldes ordinaries, y Regidores, 
se haga conforme a esta ley. 

Si la disposition de la tierra diere lugar para poblar alguna Villa de Espan- 
oles, con Concejo de Alcaldes ordinaries, y Regidores, y huviere persona que 
tome assiento para poblarla, se haga la capitulacion con estas calidades : Que 
dentro del termino, que le fuere senalado, por lo menos tenga treinta vecinos, 
y cada uno de ellos una casa, diez bacas de vientre, quatro bueyes, 6 dos bueyes, 
y dos novillos, una yegua de vientre, una puerca de vientre, veinte ovejas de 
vientre de Castilla, y seis gallinas, y un gallo : assimismo nombrara un CJerigo, 
que administre los Santos Saeramentos, que la primera vez sera a su eleccion, y 
las demas conforme a nuestro Real Patronazgo ; y proveera la Iglesia de orna- 
mentos, y cosas necessarias al culto Divino, y dara fianzas, que lo cumplira 
dentro del dicho ticmpo ; y si no lo cumpliere, pierda la que huviere edificado, 
labrado y graugeado, que aplicamos a nuestro Real Patrimonio, y mas incurra 
en pena de mil "pesos de oro para nuestra Camara ; y si cumpliere su obligacion, 
se le den quatro leguas de termino y territorio en quadro, 6 prolongado. segun 
la calidad de la tierra, de forma que si se deslindare, sean las quatro leguas en 
quadro, con calidad de que por lo menos disten los limites del dicho territorio 
cinco leguas de qualquiera Ciudad, Villa, 6 Lugar de Kspanoles, que antes estu- 
viere poblado, y no haga perjuicio a niugun Pueblo de Indios, ni de persona 


LAW VI. The conditions for a town of Alcaldes with the ordinary jurisdiction 
and Councilmen (Regidores) shall be agreeably to this law. 

If the nature of the tract of land allow of the settlement of some town 
(villa) of Spaniards with a Council of Alcaldes of the ordinary jurisdiction 
and Councilmen (regidores), and there be some person who undertake by con- 
tract to settle it, let the agreement be made under these conditions : That 
within the period of time which may be assigned to him he must have at 
least thirty settlers, each one provided with a house, ten breeding cows, four 
oxen, or two oxen and two steers, one brood mare, one breeding sow, twenty 
breeding ewes of the Castilian breed, and six hens and one cock ; he shall 
also appoint a priest to administer the Holy Sacraments ; the first time he 
shall select him, but afterwards the appointment shall be subject to our Royal 


Patronage ; and he shall provide the Church with ornaments and the things 
necessary for Divine Worship ; and shall give bonds for the performance of all 
this within the time agreed upon ; and if he should not comply with his obliga- 
tion he will lose whatever he may have constructed, wrought, or garnered, to be 
applied to our Royal Patrimony, and will furthermore incur the penalty of one 
thousand pounds of gold for our treasury ; and if he should comply with his 
obligation, there shall be given to him four leagues of extent and territory in a 
square or prolonged form according to the character of the land, in such manner 
that if surveyed, there shall be the four leagues in a square, with the condition 
that the limits of said territory shall be distant at least five leagues from any 
city, town, or village of Spaniards previously founded, and that there shall be 
no'prejudice to any Indian town or private person. 

No. II. 

[Kecopilacion de leyes de los Keynos de las Indias, Libro IV, Titulo V, Ley X.] 

LEY X. Que no haviendo poblador particular, sino vicinos casados, se les conceda 
el poblar, como no sean menos de diez. 

Quando algunas personas particulares se concordaren en hacer nueva pobla- 
cion, y huviere numero de hombres casados para el efecto, se les de licencia, con 
que no sean menos de diez casados, y deseles termino y territorio al respeto de 
lo que esta dicho, y les concedemos facultad para elegir entre si mismos Alcal- 
des ordinarios, y Oficirles del Concejo annales. 


LAW X. If there should be no private contractor for a settlement, but only 
individual citizens who are married men, let them have leave to found a settle- 
ment, provided they are not less than ten. 

When private individuals shall agree to form a new settlement, and for that 
purpose there shall be a number of married men, let leave be granted to them, 
provided they be not fewer than ten married men ; let there be given them 
extent of land and territory according to what has been heretofore provided 
(al respeto a lo que esta dicho), and we grant them power to elect among them- 
selves Alcaldes with the usual jurisdiction and annual officers of the Council. 

No. III. 

[See California Archives, Vol. I, Missions and Colonization, page 812; 1 Rockwell, 444, 
Halleck; Rep. Ex. Doc. No. 17, 1st Sess. 31st Cong., H. of R., page 133.] 

Extracts from " the instructions to be observed by the Commandant appointed to 
the new establishments of San Diego and Monterey," given by El. Bailie 
Friar Don Antonio Bucareli y Urusu, dated Mexico, \1th August, 1773. 

ARTICLE 2. The confusion which has reigned in the accounts, and the want 
of order which I have observed in everything else, have compelled me to estab- 
lish this new method, and to appoint Captain Don Fernando Rivera y Moncada 
commandant of Sau Diego and Monterey, because I am well informed of his 
good conduct or manner of proceeding, and of his knowledge of the new estab- 


lishments, acquired in the employments and offices which he has therein obtained 
and in the presidios of California for many years. 

ARTICLE 12. With the desire to establish population more speedily in the 
new establishments, I for the present grant the commandant the power to desig- 
nate common lands, and also even to distribute lauds in private to such Indians 
as may most dedicate themselves to agriculture and the breeding of cattle, for 
having property of their own, the love of it will cause them to radicate them- 
selves more firmly ; but the commandant must bear in mind that it is very 
desirable not to allow them to live dispersed each one on the lands given to 
them but that they must necessarily have their house and habitation in the 
town or mission where they have been established or settled. 

ARTICLE 13. I grant the same faculty to the commandant with respect to 
distributing lands to the other founders (pobladores) according to their merit 
and means of labor they also living in the town (pueblo) and not dispersed, 
declaring that in the practice of what is prescribed in this article and the pre- 
ceding 12th, he must act in every respect in conformity with the provisions 
made in the collection of the laws respecting newly-acquired countries and 
towns, (rcducciones y poblaciones,} granting them legal titles for the owner's pro- 
tection without exacting any remuneration for it or for the act of possession. 

ARTICLE 14. The commandant must be carefully attentive that the founders 
who go to the new establishments have the requisite arms for their defense, and 
for assisting the garrisons of the presidios or missions in case of necessity, 
binding them to this obligation as a thing necessary for their own safety and 
that of all their neighbors. 

ARTICLE 15. When it becomes expedient to change any mission into a 
puebio, the commandant will proceed to reduce it to the civil and economical 
government which, according to the laws, is observed in the other pueblos of 
this kingdom, giving it a name, and declaring for its patron the saint under 
whose auspices and venerable protection the mission was founded. 

No. IV. 

[See California Archives, Vol.1, Missions and Colonization.! pages 732. 762, (also 746); 1 
Rockwell, 445; Halleck's Report, Ex. Doc. No. 17, 1st Sess, 31st Cong. H. of Rep., pages 

Extract from the regulations for the government of the province of California, 
by Don Felipe De Neve, Governor of the same, dated in the royal presidio of 
San Carlos de Monterey, \st June, 1779, and approved by his Majesty in a 
royal order of the 24th October, 1781. 


$ 1st. The object of greatest importance towards the fulfillment of the pious 
intentions of the King, our master, and towards securing to his Majesty the 
dominion of the extensive country which occupies a space of more than two 
hundred leagues, comprehending the new establishment of the presidios, and the 
respective ports of San Diego, Monterey, and San Francisco, being to forward 
the reduction of, and as far as possible to make this vast country (which, with 
the exception of seventeen hundred and forty-nine Christians of both sexes in 
the eight missions on the road which leads from the first to the last named pre- 
sidio, is inhabited by innumerable heathens) useful to the State, by erecting 
pueblos of white people, (pueblos de gente de razon] who, being united, may 
encourage agriculture, planting, the breeding of cattle, and successively the 


other branches of industry ; so that some years hence their produce may be 
sufficient to provide garrisons of the presidios with provisions and horses, 
thereby obviating the distance of transportation and the risks and losses which 
the royal government suffers thereby. With this just idea, the pueblo of San 
Jose has been founded and peopled ; and the erection of another is determined 
upon, in which the colonists (pobladores) and their families, from the provinces 
of Sonora and Sinaloa, will establish themselves, the progressive augmentation 
of which, and of the families of the troops, will provide for the establishment 
of other towns, and furnish recruits for the presidio companies, thus freeing the 
royal revenue from the indispensable expenses at present required for these pur- 
poses ; and it being necessary to establish rules for carrying all this into effect, 
the following instructions will be observed : 

$ 2d. As an equivalent for the $120 and rations, which hitherto have been 
assigned yearly to each poblador (founder or colonist) for the first two years, 
and the rations alone for the following one, calculated at a real and a half per 
diem, free, for the three following ones, they will hereafter receive for each of 
the first two years $116 and 3}^ reals, the rations to be understood as compre- 
hended in this amount : and in lieu of rations for the next three years, they 
will receive $60 yearly, by which arrangement they will be placed on more 
favorable terms than formerly, taking into consideration the advance that was 
charged on what they were paid with, and the discount on the rations fur- 
nished, which article they will in future receive at cost from the moment that 
these regulations be approved and declared to be in force, it being understood 
that the forementioned term of five years, as regards this emolument, is to be 
reckoned from the day on which the possession of the house-lots and pieces of 
[cultivable] land, (solares ysuertes de tierras,) which are to be distributed to each 
poblador in the manner hereafter mentioned, to be given ; and the previous time, 
from the period of their enrolment, must be regulated according to the terms of 
their respective contracts, and, in order to. avoid this expense, measures will be 
taken to have the new pobladores collocated, and put into possession imme- 
diately on their arrival. 

g 3d. To each poblador, and to the community (comun) of the pueblo, there 
shall be given, under condition of repayment in horses and mules fit to be given 
and received, and in the payment of the other large and small cattle, at the just 
prices which are to be fixed by tariff, and of the tools and implements at cost 
as it is ordained, two mares, two cows and one calf, two sheep and two goats, 
all breeding animals, and one yoke of oxen or steers> one plow-share or point, 
one hoe, one coa, (a kind of wooden spade with a steel point.) one axe and one 
sickle, one wood-knife, one musket and one leather-shield, two horses and one 
cargo mule. To the community (comun) there shall likewise be given the 
males corresponding to the total number of cattle of different kinds distributed 
amongst all the inhabitants, one seed jackass, another common one, and three 
she asses, one boar and three sows, one forge, with its corresponding anvil and 
other necessary tools, six crowbars, six iron spades or shovels, and the necessary 
.tools for carpenter and cast work. 

<3 4th. The house-lots to be granted to the new pobladores are to be desig- 
nated by government in the situations, and of the extent, corresponding to the 
locality on which the new pueblos are to be established, so that a square and 
streets be formed agreeable to the provisions of the laws of the kingdom ; 
(conforme a lo prevenido por los Leyes del Reyno, y con su arreglo se senalara 
exido competente para el Pueblo, y Dehesas con les tierras de labor que con- 
venga para propios) ; and conformable to the same, competent common lands 
(egulos) shall be designated for the pueblo, and pasture grounds, with the sow- 
ing lands that may be necessary for municipal purposes (propios). 

I 5th. Each suerte of land, whether capable of irrigation or dependent on 
the seasons, (de riego de temporale,) shall consist of two hundred varas in 


length and two hundred in breadth, this being the area generally occupied in 
the sowing of one fanega of Indian corn. The. distribution which is to be made 
in the name of the King, our master, by the government, with equality, and a 
proportion to the ground which admits the benefit of being watered, so that 
after making the necessary demarcation and reserving vacant [baldios] the fourth 
part of the number which may result, counting with the number of pobladores, 
should there be sufficient, each one shall have two suertes of irrigable land, and 
other two of dry ground, delivered to him, and of the royal lands (realengas} as 
many as may be considered necessary [convenientes] shall be separated for the 
propios of the pueblo, (and of those lots of land reserved for the King, [realengas] 
as many as shall be considered necessary, etc. See note at end of $ 18, page 8). 
And the remainder of these, as well as of the house-lots, shall be granted in the 
name of his Majesty, by the governor, to those who may hereafter come to 
colonize, and particularly to those soldiers who, having fulfilled the term of their 
engagement, or on account of advanced age may have retired from service, and 
likewise to the families of those who may die ; but these persons must work at 
their own expense, out of the funds which each of them ought to possess, and 
will not be entitled to receive from the royal revenue either salary, rations, or 
cattle, this privilege being limited to those who leave their own country for the 
purpose of settling this country. 

6th. The houses built on the lots granted and designated to the new pobla- 
dores, and the parcels of land comprehended in their respective gifts, shall be 
perpetually hereditary to their sons and descendants, or to their daughters who 
marry useful colonists who have received no grants of land for themselves, pro- 
vided the whole of them comply with the obligations to be expressed in these 
instructions ; and in order that the sons of the possessors of these gifts observe 
the obedience and respect which they owe to their parents, these shall be freely 
authorized, in case of having two or more sons, to choose which of them they 
please, being a layman, to succeed to the house and suertes of the town ; and 
they may likewise' dispose of them amongst their children, but not so as to 
divide a single suerte, because each and all of these are to remain indivisible 
and inalienable forever. 

$ 7th. Neither can the pobladores, nor their heirs, impose on the house or 
parcel of land granted to them, either tax. entail, reversion, mortgage, (cento, 
vinculo,fianza, hipoteca,} or any other burden, although [even if] it be for pious 
purposes ; and should any one do so in violation of this just prohibition, he shall 
irremedialDly be deprived of his property, and his grant shall ipso facto be given 
to another colonist who may be useful and obedient. 

g 8th. The new colonists shall enjoy, for the purpose of maintaining their 
cattle, the common privilege of the water and pasturage, fire-wood and timber, 
of the common forest and pasture lands, to be designated according to law to 
each new pueblo ; (aprovechamiento comun de aguas y pastos, lefia y madera 
del exido y Dehesa que ha de serialarsc con arreglo a las Leyes a cada neuvo 
pueblo) and besides, each one shall privately enjoy the pasture of his own land, 
but with the condition that as they have to possess and breed all kinds of large 
and small cattle, and it not being possible that each one can dedicate himself to 
the taking care of the small stock consigned to them as by so doing they 
would be unable to attend to agriculture and the public works for the present, 
the small cattle, and the sheep and goats of the community, must feed together, 
and the shepherd must be paid by such community ; and with respect to col- 
lecting together the large cattle, and bringing them to the corral, such as mares 
and asses, as may be required, this must be done by two of the pobladores, 
whom they must appoint amongst themselves, or as they may see fit, to look 
after this business, and thus the cattle of different kinds will be taken care of, 
and freed from the risk of running wild, at the same time that agricultural and 
other works of the community will be attended to ; and each individual must 


take care to mark their respective small cattle and brand the large, for which 
purpose the records of the necessary branding irons will be made without any 
charge ; but it is ordained that henceforth no colonist is to possess more than 
fifty head of the same kind of cattle, so that the utility produced by cattle be 
distributed amongst the whole of them, and that the true riches of the pueblo 
be not monopolized by a few inhabitants. 

\ 9th. The new colonists shall be free and exempt from paying tithes, or any 
other tax, on the fruits and produce of the lands and cattle given to them, pro- 
vided that within a year from the day on which the house-lots and parcels of 
land be designated to them, they build a house in the best way they can, and 
live therein, upon the necessary trenches for watering their lands, placing at 
their boundaries, instead of landmarks, some fruit trees, or wild ones of some 
utility, at the rate of ten to each suerte ; and likewise open the principal drain 
or trench, form a dam, and the other necessary public works, for the benefit of 
cultivation, which the community is bound particularly to attend to ; and said 
community will see that the government buildings (casas reales) be completed 
within the fourth year, and during the third a storehouse sufficiently capacious 
for a public granary, in which must be kept the produce of the public sowing, 
which at the rate of one almud (the twelfth of a fanega) of Indian corn per 
inhabitant, must be made from said third year to the fifth, inclusive, in the lands 
designated for municipal purposes, (propios) all the labor of which, until har- 
vesting the crop and putting it in the granary, must be done by the community, 
(comun) for whose benefit alone it must serve ; and for the management and 
augmentation thereof, the necessary laws to be observed will, in due time be 

g 10th. After the expiration of the five years they will pay the tithes to his 
Majesty, for him to dispose of agreeably to his royal pleasure, as belonging 
solely to him, not only on account of the absolute royal patronage which he 
possesses in these dominions, but also because they are the produce of unculti- 
vated and abandoned lands which are about to become fruitful at the cost of 
the large outlays and expenses of the royal treasury. At the expiration of the 
said term of five years, the new pobladores and their descendants will pay, in 
acknowledgment of the direct and supreme dominion which belongs to the sov- 
ereign, one-half of a fanega of Indian corn for each irrigable suerte of land, 
and for their own benefit they shall be collectively under the direct obligation of 
attending to the repair of the principal trench, dam, auxiliary drains, and other 
public works of their pueblos, including that of the church. 

| llth. When the hogs and asses shall have multiplied, and the sufficient num- 
ber of seed asses for covering the mares become adopted, and it be found prac- 
ticable to distribute these two kinds of animals amongst the pobladores, it must 
be done with all possible equality, so that of the first kind each one may receive 
one boar and one sow, and of the second one ass, which the owner will mark 
and brand. 

1 12th. Within the five years stipulated, the new pobladores shall be obliged 
to possess two yoke of oxen, two plows, two points or plow-shares for tilling 
the ground, two hoes, and the other necessary implements for agriculture ; and 
by the end of the first three years their houses must be entirely finished, and 
furnished each with six hens and one cock ; and it is expressly forbidden that 
any one shall, during the forementioned period of five years, alienate by means 
of exchange, sale, or other pretext, to kill any of the cattle granted to them, or 
the respective increase thereof, excepting sheep and goats, which, at the end of 
four years, it is necessary to dispose of, or else they would die ; and therefore 
they may, at their discretion, dispose of as many of these animals as arrive at 
that age, but not of any younger ones, under the penalty that whoever shall 
violate this order, made for his own benefit and for the increase of his prosper- 
ity, shall forfeit ipso facto the amount of the rations granted to him for one 


year ; and whoever shall receive one more head of such cattle during the same 
time, in whatever state or condition they may be, shall be obliged to return 

13th. At the expiration of said five years, the female breeding animals of 
every kind, excepting swine and asses, of which each poblador is only obliged 
to possess one sow and one ass, male or female, being preserved ; the yokes of 
oxen or steers designated for their agricultural purposes being provided, and 
they being furnished with a cargo-mule, and necessary horses, they shall be at 
liberty to sell their bulls, steers, foals or horses, asses, sheep, castrated goats, and 
pigs and sows ; it being forbidden to kill cows, (except old or barren, and con- 
sequently unproductive ones,) sheep or she-goats, which are not above three 
years old, and to sell mares or useful breeding females, until each poblador be 
possessed of fifteen mares and one stallion, fifteen cows and one bull, twelve 
sheep and one ram, and ten she-goats with one buck. 

14th. No poblador or resident shall sell a foal horse or mule, or exchange 
them, except amongst each other, after they are provided with the necessary 
number, for the remainder must be dedicated solely to the purpose of remount- 
ing cavalry of the presidio troops, and will be paid for at the just prices to be 
established, excepting all particularly fine horses or mules of said pueblos, under 
the penalty of twenty dollars, to be forfeited by whomsoever may violate this 
order. For every animal disposed of in any other manner than what is here 
stipulated, the half to be given to the informer, and the other half to be applied 
to municipal expenses, (gastos de republica). 

\ 15th. The Indian corn, beans, chick-peas, and lentils, produced by the 
pueblo, (que produzcan las cosechas de los pueblos) after the residents have 
separated what may be necessary for their own subsistence and for seed, must 
be bought and paid for in ready money at the prices established, or which may 
hereafter be established for provisioning the presidio, and from the amount of 
the same there must be deducted from the amount of each poblador such provi- 
dent sums as may be considered proper towards refunding the royal revenue the 
advances made in money, horses, cattle, implements, seeds, and other articles, so 
that within the first five years the total amount must be paid. 

\ 16th. Each poblador and resident head of a family (vecino) to whom 
house-lots or parcels of land may have been, or in future shall be granted, and 
their successors, shall be obliged to hold themselves equipped with two horses, a 
saddle complete, a musket, and the other arms already mentioned, which are to be 
furnished them at first cost, for the defense of their respective districts, and in 
order that they may (without abandoning this first obligation) repair to where 
the governor may, in cases of urgency, order them. 

\ 17th. The corresponding titles to house-lots, lands and waters, granted to 
the new pobladors, or which may hereafter be granted to other residents, 
(vecinos) shall be made out by the governor, or commissary whom he may 
appoint for this purpose, records of which, and of the respective branding irons, 
must be kept in the general book of colonization, to be made and kept in the 
government archives, as a heading to which a copy of these instructions shall 
be placed. 

\ 18th. And whereas it is expedient for the good government and police of 
the pueblos, the administration of justice, the direction of public works, the 
distribution of water privileges, and the carrying into effect the orders given in 
these instructions, they should be furnished with ordinary alcaldes and other 
municipal officers, in proportion to the number of inhabitants, the governor 
shall appoint such for the first two years, and for the following ones, they shall 
appoint some one from amongst themselves to the municipal offices (los oficios 
de republica) which may have been established, which elections are to be for- 
warded to the governor for his approbation, who, if he sees fit, may continue 
said appointment for the three following years. 


NOTE TO 5. A defective translation in sec. 5 has produced some confusion. The word 
"realengas lands belonging to the King," is translated so obscurely that it seems to 
include all the lands adjacent to the pueblo and not specifically granted. This is not the 
case. The provision is that one-fourth of the house-lots and sowing lots (solares y suertes) 
shall be reserved to the King, and the lots so reserved to the King, (realengas) shall be 
assigned as propios or granted to new settlers. The original Spanish reads as follows: 
" reservando yaldias la quarta parte del numero quo resulte, contando con el numero de 
Pobladores, si alcanzasen, se repartiran & dos suertes & cada uno de regadio, y otros dos de 
secadal, y de las realengas se separar&n las que parecieren convenientes para propios del 
Pueblo, y de las restantes se hara merced," etc. There is no colon between " secadal" and 
" y de las realengas,'' as there is in the translation from Rockwell. Precisely the same lan- 
guage, with the same punctuation, occurs in the Instructions for the foundation of the 
" Pueblo de nuestra Senora de los Angeles," dated August 26th, 1778, and found in the 
Archives, vol. I, Missions and Colonization, page 418. Realengas, therefore, refers to the 
solares and suertes so reserved, and to no other lands. 

That this is so, clearly appears from the official plan of the pueblo of San Jose, adopted 
at its settlement, where three lots are marked Realengo. California Archives, Vol. I, Mis- 
sions and Colonization, page 684. 

No. V. 

[From California Archives, Vol. I, Provincial Records, pages 10, etc.] 

APRIL 15TH, 1778. 



Governor to Viceroy. 

Most Excellent Senor : Desiring to give due fulfillment to the Superior 
orders of Your Excellency, notwithstanding the proposition I made in my com- 
munication of the of June of the last year, in relation to the steps that 

could be taken for the improvements of these establishments, founding two 
Pueblos on the rivers Guadalupe and Porcincular, they being the best localities 
on account of the fertility of the soil and the abundance of water for irrigation, 
in consideration of the delay that must occur in the arrival of the settlers with 
their families, that I have asked Your Excellency to furnish to perform the 
duties of laborers, and the importance of losing no time in an enterprise so im- 
portant, which, if carried out, will in a short time avoid the necessity of trans- 
porting grain from San Bias, and in the meantime will cause the arrival or non- 
arrival of a vessel not to be a matter of life and death : for these reasons I 
resolved to withdraw nine soldiers (skillful laborers) from the Company of this 
Presidio and that of San Francisco, to which I added two recruits as settlers, 
which with the three already on hand, completed the number of fourteen resi- 
dents (vecinos), which with their families comprise the number of sixty-six 
individuals, with which I founded the Pueblo of San Jose de Galvez on the 
29th day of November last, near the head of the River Guadalupe, distant 26 
leagues from this Presidio, i 6 from that of San Francisco, and three-quarters 
of a league from the Mission of Santa Clara. 

To each settler, besides the solares on which they have constructed their 
houses, lands have been distributed for cultivation, with horses, flocks of all 
kinds, and utensils, as set forth in the accompanying list. 

1 Prov. Rec. 20. 


No. VI. 

[California Archives, volume I, Missions and Colonizations, page 809 ; Land Commission 
Exhibits in Limantour's Cases, Exhibit O, page 59.] 


Honble. Commandant General. In the instructions which treat of the Polit- 
ical Government and Population of California, and are found inserted in Title 
14 of the Regulation of that Peninsula, approved by His Majesty in a royal 
order of the 24th Oct. 1781, it is directed by Art. 8 that the new settlers shall 
enjoy, for the maintenance of their stock, the common advantage of waters and 
pastures, wood and timber of the commons, [exido] forests, and pasture grounds, 
[dehesas] which in compliance with the laws are to be marked out for every 
" Pueblo," and that besides each individual shall privately enjoy the pastures of 
his own lands, with the warning that each settler hereafter, will not exceed 
fifty head of cattle of each kind in his possession, so that in this manner the use- 
fulness resulting from the stock may be distributed among all, and the true 
wealth of the Pueblos not confined in a few residents. 

By the 5th law and the consecutive ones of tit. 17, lib. 4, of the " Recopilacion " 
for these territories, it is commanded that the use of the grazing lands [pastes], 
woods and waters of the Provinces of the Indies be common to all the resi- 
dents thereof, that they may enjoy them freely with their cattle, revoking when 
necessary whatsoever ordinances there might exist, this provision to apply not 
only to the woods, pastures, and water of the " Seignories," (Lugares de Seuor- 
ios) conceded in these territories, but also to lands and cultivated property, sold 
and granted, whereon, after the harvest, the pastures remain for common benefit. 

The alloting of tracts of land (sitSos) for cattle, which some settlers in Cali- 
fornia claim, and the Governor proposes in his official communication of the 
20th November, 1784, cannot, nor ought not to be made to them within the 
boundaries assigned to each Pueblo, which in conformity with the law G, tit. 5, 
lib. 4, of the " Recopilacion," must [deben ser] be four leagues of land in a square or 
oblong body, according to the nature of the ground, because the petition of the 
new settlers would tend to make them private owners of the forests, pastures, 
water, timber, wood and other advantages of the lands which may be assigned, 
granted, and distributed to them, and to deprive their neighbors of these bene- 
fits, it is seen at once that their claim is entirely contrary to the directions of 
the aforementioned laws, and the express provision in art. 8, of the Instructions 
for Settlements (Poblaciones) in the Californias, according to which all the 
waters, pastures, wood, and timber, within the limits which in conformity to 
law may be allotted to each Pueblo, must be for the common advantage, so that 
all the new settlers may enjoy and partake of them, maintaining thereon their 
cattle and participating of the other benefits that might be produced. 

By the law 1st, and consecutive ones to the 13th, tit, 12, of the same book 4, 
the distribution and alloting of Peonias, Cavalerias and Sitios, for tracts " de 
Ganados May ores y Menores," is permitted, provided they be given far from 
the Indian villages and their cultivated fields, obliging the owners to keep as 
many shepherds and cattle keepers as shall be sufficient to prevent such dam- 
ages as the cattle might commit, and to satisfy for that which they might cause 
them, and the concession of the said lands being vtry useful for the protection 
of the population in California, where owing to the extent of land and the 
abundance of its pastures there are means of carrying it into effect without 
prejudice to the Indians, nor to a third party, and where, through the want of 
active commerce and of consumption and export of the other produce, the 
greater wealth of the Pueblos must necessarily consist in the rearing and the 


increase of cattle ; for these reasons it seems to me your honor can, if you 
please, decree and command that an order be issued to the Governor of the 
Oalifornias, Don Pedro Fages, to the effect that alloting at once to each new 
" Poblacion " the extent of the four leagues belonging thereto, he may measure 
and mark them out in a square or prolonged body, as the nature of the ground 
will admit, and that he do not concede within it, nor grant nor distribute any 
portion whatsoever for farms or for the rearing of cattle to any resident or set- 
tler ; the woods, pastures, waters, and other benefits and advantages to be left 
in common for all the residents and settlers, without any of them exercising 
dominion, nor own private property thereon. And that in the other lands, out- 
side of the said limits and of the district assigned to each Pueblo, and at such 
a distance that there cannot result any injury to the Missions, Pueblos, Ranch- 
erias (Indian villages) nor to their fields, he do grant and distribute " sitios " for 
farms, and tracts for rearing cattle, with the express condition that the residents 
and settlers to whom he may grant them, shall obligate themselves to put as 
many shepherds and cattle keepers as will be sufficient to prevent damages, and 
to satisfy the amount which in any event might happen, and (with the condi- 
tion) that no resident or settler shall have more than three " sitios " tracts, and 
be obliged to build in each one a stone house, to have thereon two thousand 
head of cattle at least, and that notwithstanding his grant and concession, the 

Etures shall remain for the common advantage, and that where there are no 
rds of ) cattle, " sitios " may be given for sugar plantations and other here- 
iments, according as is directed by the laws 12, tit. 12, as in reference to His- 
paniola Island. And in law 5, tit. 17, lib. 4, of the " Recopilacion " for these 
territories, which conditions and laws will be inserted in an express clause in 
the deeds of grants that may be made ; that as evidence for the residents and 
settlers who may obtain the same, they may comprehend their obligations, to 
the fulfilment of which they shall be obliged, and that they may not have any 
just motive, nor pretext, to allege any right against it hereafter, or else your 
honor will resolve what may suit your pleasure notwithstanding. 
CHIHUAHUA, 27th Oct. 1785. 


A copy according to the original, which I certify. 

CHIHUAHUA, 21st June, 1786. 


I transmit to you the inclosed opinion of the attorney of this Comandancy 
of the 27th October last year, upon the subject of marking out the lands which 
some individuals of that province asked, as you reported in your representation 
No. 204, of the 20th Nov. '84, that you may proceed to grant them agreeably 
to the requirements of said officer (ministro). 

The Lord preserve you many years. 

CHIHUAHUA, 21st June, 1786. 




No. VII. 

[California Archives, Volume I, Missions and Colonization, pages 853, etc. Land Commis- 
sion Exhibits in Limantour's Cases, Exhibit O, pages G6, etc.] 



No. 313. 

Instructions approved by His Majesty, and made for the establishing of the 
new town of Pitic, in the Province of Sonora, ordered to be adopted by the 
other new projected settlements (Poblaciones) and by those that may be estab- 
lished in the district of this General " Comandancia." 

1st. Although by the law 6th, title 8th, book 4th, the Viceroys, Supreme 
Courts (Audiencias) and Governors, are prohibited from granting titles for 
cities or towns, or from exempting from their principal capitals the settlements 
(pueblos) of Spaniards or Indians, this decree is limited to those that may have 
already been established ; therefore, as to the new towns and settlements, it is 
provided that they observe what is decreed in reference to the other laws on the 
subject, and as the law 2d, title 7th of the same book decrees : that the land, 
province, and place in which a new settlement (poblacion) shall be made, being 
chosen, and the convenience and advantages resulting therefrom being inquired 
into, the Governor, whose district it may be or to which it ma y be confined, 
shall determine whether it shall be a city, town, or village, and that in conform- 
ity with that which he shall decide, shall be formed the council, the government, 
and its officers, in using of this power, bearing in mind the extent of the place 
selected and the advantages offered by its lands, fertilizing through the benefit 
of irrigation by means of the large canal constructed for that purpose, your 
honor may declare the new settlement to be a town, designating to it the name 
it is to have and use for its distinction and recognition. 

2d. In conformity with the decree of the law 6th, title 5th, of the same book 
4th, relative to the towns of Spaniards that may be founded by agreement or 
contract, and first in relation to those which for want of contractors shall be 
erected by private settlers (Pobladores) who may establish themselves and agree 
to found them, there may be granted to the town in question four leagues of 
bounds or territory in a square or in length, (que se fundaren y concordaren 
enformarlas se podra conceder a la de que se exara quatro leguas determine 6 
territorio en quadro 6 prolongado) as shall be adapted to the better location of 
the land that shall be selected or marked out so that its true boundaries shall 
be known, wherein there can be no inconvenience, and inasmuch as it is distant 
more than five leagues from any other town, city, or village of Spaniards, there 
shall not result injury to any private individual, nor to any "pueblo " of In- 
dians, on account of that (the village) " de los Seris " remaining within the 
demarcation as part or suburb of the new settlement, subject to its jurisdiction, 
and with the advantage of enjoying as neighbors the same benefits public and 
common that the settlers may have, and of which at present those same natives 
are wanting, owing to their indolence, their default of application, and of intel- 
ligence, reserving to them the faculty of choosing their " Alcaldes and Regi- 
dores," with the jurisdiction, economy, and other circumstances prescribed by 
the laws 15 and 16, title 5, book 6. 

3d. The Presidio of San Miguel de Orcavitas having been removed to the 
locality of Pitic, so that under its protection and guard may be founded the 
new settlement, conformably to the decree in the articles 1 and 2, title 11, of 
the new regulation of Presidios of the 10th of September, 1772, and in the 
50th article of the old Regulation of the Sor Yiceroy Marquis de Casafuerte 


of the 20th of April, 1729, which by Royal order of 15th of May, 1779, is 
ordered to be observed, the Political Government and the Royal jurisdiction, 
ordinary, civil, and criminal in first instance of the new settlement, belonged to 
its captain or commandant, who were to exercise the same in the interim of the 
Presidio being established in that place, with the appeals to the Royal Supreme 
Court (Audiencia) of the District, but your honor having resolved that the 
company be considered as detached in the new settlement, and consequently 
that the use and exercise of the Royal jurisdiction remaineth in charge of the 
Political Governor of the province of the Alcalde, Mayor, or Lieutenant that 
you may name, it is necessary that the selection for this office should fall upon 
one of sufficient instruction and knowledge to promote the advancement of the 
new settlement, to make the distributions of houses, building lots (solares) and 
water privileges, and to observe with precision the articles of these instructions 
and the other orders that may successively be communicated to you. 

4th. For your better rule of conduct and government, in conformity with the 
decree in the laws 10, tit. 15 ; 2 and 19, titles 7th, 1st, 2d and 3d ; tit. 10, book 
4, de la Recopilacion, immediately after the number of settlers, shall count thirty 
residents, there shall be established a council (cabildo) or ayuntamiento, com- 
posed of two ordinary alcaldes, six "regidores." one prosecuting (syndico) at- 
torney of the community, and one " mayordomo de propios," to whose charge 
shall devolve the economical management, the care of provisioning (abastos) 
and of the cleanliness and police of the new settlement, the mentioned electors 
being elected the first time by all the residents, and thereafter by the members 
(vocales) of the Ayuntamiento, in conformity with the decree of the laws on 
that subject, and the elections shall be returned annually to the Political Gov- 
ernor of the Province, so that in virtue of his approbation the officers elected 
may take possession and enter upon the discharge of their respective offices. 

5th. The two ordinary alcaldes shall also, by way of precaution, and jointly 
with the first alcalde or commissioner, exercise the royal jurisdiction, ordinary, 
civil, and criminal in the first instance, subject to the appeals to the Royal 
Supreme Court, to the Governor, or to the Ayuntamiento, in the cases wherein 
they correspond to each and every one, by the laws of the kingdom, as pre- 
scribed in the first and following ti'tle 3d, book 5th. 

6th. The tract of four leagues granted to the new settlement being measured 
and marked out (demarcado y amojonado que sea el terreno de cuatro leguas 
concedido a la nueva poblaciou) its pastures, woods, water privileges, hunting, 
fishery, stone quarries, fruit trees, and other privileges, shall be for the common 
benefit of the Spaniards and Indians residing therein, and in its suburb or vil- 
lage, " de los Seris," (y en su razzia 6 Aldea de los Seris) as shall also be the 
pastures of the lands and estates (heredades), the grain sowed therein being 
harvested, as directed by the laws 5th and following title 17th, book 4th, de la 

7th. The residents and natives shall enjoy equally the woods, pastures, water 
privileges, and other advantages of the royal and vacant lands that may be out- 
side of the land assigned to the new settlement, in common with the residents and 
natives of the adjoining and neighboring pueblos, which bounty and privilege 
shall continue as long as they are not changed or altered by His Majesty, in 
which case they shall conform to that which has been provided in the Royal 
orders that may be issued in favor of the new possessors or owners (proprie- 
taries) . 

8th. The place which has been considered more appropriate to locate the 
new settlement, having been selected and marked out, the commissioner shall 
superintend its establishment ; all the houses and other buildings thereof, which 
shall successively be constructed, shall conform to the sketch or plan made by 
the extraordinary engineer, Don Manuel Mascaro, which, in order that it be 
taken in consideration, shall be annexed and made a guide to these instructions 


and municipal ordinance, according to which plan the streets shall run in a 
straight line most suitable to facilitate the traffic and communication of the 
citizens and settlers, and their regularity and symmetry contributing to embel- 
lish the settlement, its cleanliness and health to the benefit of those that they 
may fix themselves therein. 

9th. The space of ground that every block shall comprise being marked out 
in the plan or sketch, and as it is not easy to determine the building lot (solar) 
that will be sufficient for every resident settler, on account of the inequality 
that may exist between the families, and the means of those who may conclude 
to become so, to the prudent arbitration of the commissioner is left the power 
of granting to them the building varas, which according to their families, 
wealth, and other just considerations, he shall deem each one might need, culti- 
vate, and build upon ; for which purpose, and so that all may possess that 
which may be corresponding to their means, there can be distributed to them a 
block, half of a fourth, or eighth portion, which are the divisions most suitable 
to carry out the object of making uniform, as far as possible, the buildings of 
the settlement. 

10th. So as to avoid difficulties which the voluntary marking out of lots 
might occasion, owing to the preference or ameliorations of the one over the 
other, the distribution shall be made between the first settlers casting lots as 
prescribed in the law 11, title 7th, book 4th, de la Recopilacion. 

llth. The extraordinary engineer, Don Manuel de Mascaro. having marked 
out the place in which the new settlement shall be located, there shall be left 
for the lour fronts of its circumference commons (ejidos) suitable for the settlers 
to amuse themselves, drive out their cattle without doing injury, and so that as 
they increase hereafter there may be land to grant them, so'that they might 
build their houses and habitations as provided by the laws 7th, 13th and 14th 
of the forementioned title 7th, book 4th, of the Recopilacion. 

12th. The same shall also proceed to mark out and lay out the pasture 
grounds, which shall be made sufficient so that the work-oxen and the cattle for 
the provisioning of the new settlement may pasture abundantly and with ease, 
endeavoring to choose for that purpose the lands abounding in pastures, and 
that may not be of the best quality to produce wheat or other grains and veg- 
etables useful to the consumption and subsistence of the settlers and their fami- 
lies, as provided in the forementioned laws 7th and 14th, title 7th, book 4th, 
of the Recopilacion. 

13th. The laying out of the commons (ejidos) arid of the common pasture 
grounds being completed (evacuado el senalmiento de los ejidos y a la dehesa 
comun 6 Prado Boyal) the commissioner shall make a careful calculation of all 
the useful and productive land, which by means of the ditch can be irrigated, 
and of the balance, which, without possessing this advantage, he may consider 
adaptable to cultivatible lands and crops depending on the seasons (de tem- 
poral) and dividing the other into equal (suertes) of four hundred varas in 
length and two hundred in breadth, which is that which is generally contained 
in land sown with a fanega of corn ; he shall ascertain the number of suertes 
of both kinds there may be to distribute to the new settlers and to those that 
may join them and increase their numbers hereafter. 

14th. The "suertes" having thus been divided from those most useful and ad- 
joining the Pueblo, and that have the advantage of irrigation, there shall be 
marked out and laid out eight ' suertes " that shall remain applied to the funds, 
(de propios) the proceeds of which shall be administered by the " mayordomo " 
whom the ayuntamiento may appoint, whose duty it shall be to render accounts 
annually that will be examined and approved, referring them previously to the 
prosecuting Syndic, or agent of the community, so that in his defense he may 
make the notes or investigations he may deem justifiable and corresponding ; 
and admitting that their proceeds should be used for the public benefit of all 


the inhabitants under the rules which are established for the security of his 
faithful management and legitimate disbursing, and that actually there is no 
public fund with which to defray the expenses of their first plowing, sowing, 
and crops, the settlers and residents will be under the obligation to aid in per- 
forming them personally, or by means of their (peons) laboring men, yokes of 
oxen and cattle, in the equitable manner that the commissioner may direct, and 
who shall distribute the work in such manner that all may participate in it 
equally, without excepting any settler or resident, with the understanding that 
this arrangement shall be limited to the first plowing, sowing and crops, with 
the proceeds of which shall be defrayed the costs of the next, bearing the net 
balance to the benefit of the common fund (fondo propios) to convert it to the 
object of the public good, notwithstanding that by the laws of the kingdom 
these species of property are appropriated. 

15th. The making out and adjudging of the eight " suertes " of irrigable 
land for the benefit of the common fund (propios) of the new settlement being 
ascertained, the remaining " suertes " that may be useful in its district, be they 
irrigable or arrable, shall remain to the benefit of the settlers to whom they 
shall be distributed and granted as they establish themselves therein, and as it is 
not possible to establish a fixed rule on the number of " suertes " that can be 
distributed and granted to every settler, to the wise judgment of the commis- 
sioner is left the power of regulating and granting to them those which he may 
consider sufficient for the maintenance of the family of every one, taking in 
consideration the number of persons composing it, those existing among them 
fit for labor and cultivation, the whole of the agricultural implements and other 
utensils which each one might own to undertake it, and finally their respective 
industry, as it is just that he who possesses the same should obtain in recom- 
pense thereof a larger number of " suertes " than those who by indifference and 
inapplication shall leave without cultivation those " suertes " which shall have 
been marked out to them. Under these considerations the first distribution 
among the actual settlers shall be completed, not exceeding three " suertes " 
which can be granted to every one, leaving the remaining others so as to dis- 
tribute them to those who hereafter shall have joined the settlement to the sons 
of families who having actually settled belong to the class of residents, or to the 
same settlers who by the industry and application with which they have devoted 
themselves to the cultivation of the first distributed " suertes " deserve an aug- 
mentation of other " suertes," which never can exceed the same number which 
in the first distribution shall have been marked out to them. 

16th. As it is -very ^convenient for the settlers that the number of " suertes " 
that may be distributed to them should be united and contiguous to each other, 
so that in this way they may better attend to their cultivation without the 
diversity of attention occasioned by the distance of lands one from another, the 
commissioner shall make it his duty to bear in mind this consideration, so as to 
adapt to the settlers, as much as possible, the advantage of the assemblage of 
" suertes," or at least the less distance that can be made to exist between those 
which may be distributed to them, and so as to avoid the differences that may 
from the improvements of some lands with regard to others, after they shall 
have been divided in the manner hereafter provided, he (the commissioner) shall 
proceed to make the first distribution, casting lots for the same among the set- 
tlers, as is provided with regard to the (solares) town lots in the article 10 of 
these instructions. 

17th. The commissioner in whose charge shall be the new settlement and the 
distribution of lands and town lots (solares), shall make a book or register 
(quaderno) in which shall appear the original steps of distribution that were 
taken, which book shall be kept in the archives of the Ayuntamiento of the 
new settlement ; and with regard to those steps, he shall give to each settler an 
attestation or certificate, explaining with brevity, distinctness, and clearness the 


extent and boundaries of the (solar) town and " suertes " which he may have 
respectively assigned to them, which instrument shall serve them as a title in 
fee for themselves, their children and descendants, warning them that for this 
purpose they shall keep it, and that if they were to lose it by some uninten- 
tional accident, they may have recourse to the commissioner or to the Ayunta- 
miento to give them a true copy of the proceedings, which for this purpose 
shall remain in the archives. 

18th. Thus in the original proceedings of distribution, as in the certificates 
or titles in fee which shall have been given to the settlers, the commissioner 
shall also make kown that the (solares) town lots and lands shall be distributed 
and granted in the name of His Majesty perpetually forever and ever and by 
right of inheritance, for themselves, their children and descendants, with the 
positive conditions that they shall keep arms and horses and be ready to defend 
the country from the insults of the enemies that might commence hostilities 
against it, and to march against them whenever they shall be ordered ; that 
they shall build and occupy their houses and reside with their families in the 
new settlement at least for the space of four years ; that during this time they 
cannot alienate, hypothecate, nor subject to any incuinbrance whatsoever the 
lands and town lots (solares) which shall have been granted to them, even should 
it be for a pious purpose ; that within the precise space of two years they shall 
work and cultivate the lands which shall have been donated to them, and they 
shall at least commence building the houses upon the town lots which shall 
have been marked out to them, under the penalty that whosoever shall abandon 
them over this length of time shall lose both, and they can be given to another 
more diligent : that having fulfilled these conditions, and resided for four years 
with house and family in the new settlement, they shall acquire the real owner- 
ship of the lands and town lots which shall have been distributed to them, and 
of the houses and edifices in which they shall have worked, and they shall be 
empowered hereafter with the authority to sell them, and to dispose of them at 
their own free will, as they would of a thing of their own, as provided by the 
law 1, title 12, book 4 of the Recopilacion, but under the condition that they 
never can sell or alienate them to a church, monastery, ecclesiastic community, 
nor to any of those called mortmain, as provided in the law 1st of the same title 
and book, under the penalty that he who shall contravene the same shall lose 
the lands and edifices, which in this case can be distributed to others ; and 
finally, that within the three months that the grant and distribution shall have 
been made to them, they shall be under the obligation to take posssssion of the 
building lots and lands which shall have been marked out to them, and to plant 
all the bounds and limits thereof with fruit trees or other which may be useful 
to the supplying of the settlement with provisions, by which means its district 
shall enjoy a good and peaceable management, and they shall avail themselves 
of the fruit, wood and timber which shall be produced for their domestic uses 
and for the farming utensils which they need indispensably, as provided in the 
law llth of said title and book. 

19th. The advantage of irrigation being the principal means of fertilizing 
the lands, and the most conducive to the increase of the settlement, the Com- 
missioner shall take particular care to distribute the waters so that all the land 
that may be irrigable might partake of them, especially at the season of spring 
and summer, when they are most necessary to the cultivated land in order to 
insure the crops, for which purpose, availing himself of skillful or intelligent 
persons, he shall divide the territory into districts (partidos) or hereditaments, 
marking out to each one a trench or ditch starting from the main source, with 
the quantity of water which might be regulated as sufficient for its irrigation, at 
the said periods and at the other seasons of the year that they may need them. 
by which means each settler shall know the trench or ditch by which his hero 
ditament shall be irrigated, and that he cannot and shall not have the power to 


take the water of another, nor in a greater quantity than that which may fall to 
his share, for which purpose and that it may not increase in injury to the owners 
situated on the land beyond or still lower, it shall be proper for the trenches or 
partitions to be constructed in the main ditch made of lime and stone at the 
cost of the settlers themselves. 

20th. In order that these (the settlers) might enjoy with equity and justice 
the benefit of the waters in proportion to the need" of their respective crops, 
there shall be named annually by the Ayuntamiento one Alcalde (or Mandador) 
for each trench, to whose charge shall iall the care of distributing them in the 
estates (heredades) comprised in the " partido" or hereditament, which shall be 
irrigated by them in proportion to their need for this benefit, designating by a 
list which he shall make out the hours of day and night at which each owner 
(heredado) shall irrigate his lands sown with grain ; and in order that by the 
carelessness or indolence of the owners (duenos) those (the lands) that may 
need them shall not remain without irrigation, nor the crops be lost, whereby 
independent of the private injury may also result that of the public and com- 
munity, produced by the want of provisions and supplies, it shall also come 
within the duty of the Alcalde, or Mandador, for each trench to have a servant 
(peon) or day-laborer knowing the hour of the day or night designated for the 
irrigation of each tract of land or corn-field, who, in default of its owner, shall 
take care to irrigate it ; the just price of his labor, which shall be caused to be 
paid to him by the owner of the land or estate (heredad) irrigated, to be there- 
after regulated by the Commissioner or by the Justice. 

21st. The repairs and cleansing out which the main ditch may need for its 
conservation, shall be done at the expense of the whole neighborhood at the 
periods which the Commissioner and Ayuntamiento shall designate, every resi- 
dent aiding therein by his assistance and personal labor, or in default thereof 
by the quantity which by partition and an equitable distribution shall be desig- 
nated to him to pay and satisfy the servants (peons) ; and with regard to the 
repairs and cleansing out of the distributing dams and ditches destined to the 
irrigation of the " partidos " or hereditaments in which the land is to be 
divided, it shall be the duty of the " hacenderas," or owners, whose lands (suer- 
tes) and possessions shall be irrigated by them (the dams and ditches), amongst 
whom shall be divided the expenses which they may occasion pro rata to the 
number of " suertes " which each one shall possess in said " partido," or here- 
ditament, belonging to the (cavildo) Council or Ayuntamiento, in common with 
the Commissioner, to determine upon those in which, without injury to the cul- 
tivated lands, the above mentioned cleansing out and repairs shall be made. 

22d. So as to avoid the damages and injuries which through the negligence 
of their owners the large cattle and the sheep do on the cultivated lands, there 
shall be appointed annually by the Ayuntamiento two Alcaldes (Guardias de 
Campo), that the one shall exercise his functions by day, and the other by night ; 
and like public officers, who shall swear before the Ayuntamiento to well and 
faithfully perform their duty, their depositions shall be credited unless a proof 
is proffered against the same sufficient to justify the contrary, and both shall be 
under the obligation to watch by day and by night that the cattle do not occa- 
sion damages in the cultivated lands of the neighborhood, and to apprehend 
those that they may encounter so doing, which they will drive to a " corral " 
which shall be made for the purpose, and to be called " Corral del Consejo," 
reporting and denouncing them immediately to justice, so that under their sworn 
authority they proceed summarily and effectively, and make known and value 
the damage they may have occasioned, and to oblige the owner of the appre- 
hended cattle to pay the same and to satisfy him (the Alcalde) for the culti- 
vated land which may have suffered the same. 

23d. As it is not sufficient to prevent and avoid the damages which the cat- 
tle frequently occasion on the cultivated lands, to compel its owners to the pay- 


ment of the value at which they (the damages) shall be estimated, it becomes 
necessary to recover it to impose upon them some other moderate pecuniary 
fine, which, exacted irremissibly in all cases of contravention, obliges them to 
heed them and not to reiterate them ; and to regulate the above mentioned 
pecuniary fine a thorough knowledge of the country, of the condition of its 
inhabitants, and of the value of the cattle being indispensable, this sub- 
ject shall be reserved to the Ayuntamiento, so that in common with the Com- 
missioner they fix and determine upon the fine to be imposed and exacted 
in cases of contravention, taking care that the fine be greater for those who 
shall occasion damage by night, on account of the greater difficulty of their 
being apprehended and punished. 

24th. And lastly, as it is peculiarly the province of the ( Cavildos) Councils, 
or Ayuntamientos, as being the best informed of that which becomes the com- 
munity and public which they represent, to determine and resolve upon the sub- 
jects and measures which they may consider most useful and conducive to their 
better management and economical and political government, and which being 
approved by the highest authority appertain to the class of municipal ordi- 
nances which are to be observed as the particular laws of every settlement, so 
far as they are not in opposition to the general laws established by the sovereign, 
this Ayuntamiento of the new settlement shall be vested with this same power, 
and in using of this power and acting in common with the Commissioner of its 
establishment, they shall fix and promulgate the articles, or municipal ordi- 
nances, which they may consider most useful and necessary, and which they 
shall report to this Superior Government, so that in virtue of its approval they 
be valid and observed. 

CHIHUAHUA, 14th of November, 1789. JUAN GASIOT, 


No. VIII. 

[California Archives, Vol.1, Missions and Colonization, page 850; 1 Rockwell, 451; Hal- 
leek's Report, Ex. Doc. No. 17, 1st Sess. 31st Cong., H. of Rep., page 451.] 

In conformity with the opinion of the assessor of the comanddncia general, 
I have determined in a decree of this date that, notwithstanding the provisions 
made in the 81st article of the ordinance of intendentes, the captains of pre- 
sidios^are authorized to grant and distribute house-lots and lands to the soldiers 
and citizens (soldados y vecinos) who may solicit them to fix their residences on. 

And considering the extent of four common leagues measured from the cen- 
tre of the presidio square, viz : two leagues in every direction, to be sufficient 
for the new pueblos to be formed under the protection of said presidios, (que 
van formandose a su abrigo) I have likewise determined, in order to avoid 
doubts and disputes in future, that said captains restrict themselves hencefor- 
ward to the quantity of house-lots and lands within the four leagues already 
mentioned, without exceeding in any manner said limits, leaving free and open 
the exclusive jurisdiction belonging to the intendentes of the royal hacienda, 
respecting the sale, composition, and distribution of the remainder of the land 
in the respective districts. 

^And that this order may be punctually observed and carried into effect, you 
will circulate it to the captains and commandants of the presidios of your 
province, informing me of having done so. 

God preserve you many years. 

CHIHUAHUA, October 22, 1791. 



No. IX. 


[California Archives, Vol. I, Missions and Colonization, page 874.] 
JULY IST, 1796. 

Report of Don Pedro de Alberni, who had been ordered by Governor to make a 
careful examination of the country, and report the most suitable location for 
the Villa of Branciforte, ordered to be established by the Viceroy. 

Having examined the points set forth in the foregoing Superior Official 
Communication, as well as those requiring me to set forth all that I might 
think necessary, I reply as follows : The principal object and view of the 
whole matter may be reduced to the project formed by Don Jose M a Beltram, 
and forwarded by the Royal Tribunal de Cuentas to the Most Excellent Viceroy, 
in relation to the establishment of a Villa or Poblacion ; and its being neces- 
sary to remember that, in order to attain the desired end, an eye must be had to 
such favorable circumstances as are required to give to the inhabitants of the 
same the necessary advantages, such as a plentiful supply of water, wood, irri- 
gable and arable lands, forests, pastures, stone, lime, or earth for adobes ; and 
having been commissioned to this end for the examination, which I made with 
the Senor Governor Don Diego de Borica, of the country from the Mission of 
Santa Cruz, Arroyo del Pajaro, and the Mission of Santa Clara, to the place 
of the Alameda, and the country around the Presidio and Fort of San Fran- 
cisco, and the Mission of the same name. After a careful and scrupulous 
examination of these places with the Engineer Extraordinary, Don Alberto de 
Cordoba, I found that the place of the Alameda, although it contains a creek, 
still that it affords but little water, and that the channel is so deep [low ?] that it 
is difficult to obtain water therefrom for irrigating the extensive plains of what 
appears to be good lands ; but as the place is without fuel, timber, and pastur- 
age, which cannot be obtained save at the distance of many leagues, it is clear 
that it is unsuitable for the project under consideration. 

In the District of the Presidio of San Francisco, as also in that of the Fort 
or Battery, : and in those of the Mission, at the distance of a league, there is not 
only wanting irrigable lands, but there is a very small extent of such as are de 
temporal (suitable for grain). The water is so scarce that it is scarcely suffi- 
cient for the few families that reside at the Presidio, and from a few holes 
(positos) from which at intervals they obtain water with much labor, they have 
to supply themselves. Groves or timber is found at a distance of twelve or 
fourteen leagues, and pasturage for the little stock of the garrison is only found 
at a distance of five or six leagues. The wood used in cooking is some mator- 
rales, or chiamisos, as it is there called, which grows upon the sand hills. And 
therefore I am convinced that the worst place or situation in California is that 
of San Francisco for the establishment of such a villa as is proposed by the 
Senor Contador, Don Jose M a Beltram. 

No. X. 

[Leyes Vigentes, page 28; 1 White's Recopilacion, 416; 1 Rivera Nueva Coleccion de Leyes 
y Decretos Mexicanos, 890.] 

Decree of the Spanish Cortes of May 23d, 1812. 

The general and extraordinary Cortes, convinced that it is equally important 


to the welfare and tranquility of families, and the prosperity of the nation, that 
Common Councils (Ayuntamientos) be established as soon as practicable in 
such towns (pueblos) where it is proper that they should be instituted and 
which have not hitherto enjoyed the benefit thereof, as well as to avoid the 
doubts which might arise in the execution of what has been prescribed on this 
subject in the Constitution, and to establish a uniform rule for the appointm-nt, 
form of election, and the number of its members, decree as follows : 

1. Every town (pueblo) which has no Common Council, (Ayuntamiento) and 
the population of which does not amount to one thousand souls, and which, on 
account of the peculiar condition of its agriculture, industry, or population, 
requires a Common Council, (Ayuntamiento) will make the same known to 
the Deputation of the Province, in order that by virtue of this information they 
may apply to the Government for the requisite permission. 

2. Towns (pueblos) which do not find themselves in this situation shall be 
united to the Councils (Ayuntamientos) to which they have hitherto belonged, 
as long as the improvement of their political condition shall not require other 
measures, uniting those newly formed to those nearest them in their Province, 
or to those which have lost their jurisdiction for want of population. 

3. By virtue of the provision of the 312th article of the Constitution, the 
functions of the regidores and other perpetual officers of the Common Councils 
(Ayuntamientos) cease as soon as the Constitution and this decree shall have 
been received in each town, and they shall be elected according to an absolute 
plurality of votes as prescribed in the 313th and 314th articles of the Consti- 
tution, as well in those towns (pueblos) where all have the quality of being 

'perpetual, as in those where some only enjoy this privilege ; for the information 
of those towns wherein the election may be carried into effect four months 
before the expiration of the year, it is ordered that said election be renewed at 
the end of the month of December of the same year, as to one-half, those to go 
out who were last elected ; but in those towns wherein the elections take place 
when less than four months are required to terminate the year, those elected 
will continue in their employment until the end of the next year, when one-half 
of them will cease to hold their offices. 

4. As it cannot fail to be proper that there should exist between the govern- 
ment of the towns and its inhabitants, (el gobierno del pueblo y su vecindario) 
such proportion as is compatible with good order and its better administration, 
there shall be one Alcalde, two Regidors, and one Procurator Syndic, in all 
towns which do not have more than two hundred inhabitants ; one Alcalde, 
four Regidors, and one Procurator, in those the population of which exceeds 
two hundred but does not exceed five hundred inhabitants ; one Alcalde, six 
Regidors, and one Procurator, in those which possess five hundred but the pop- 
ulation of which does not amount to one thousand inhabitants ; two Alcaldes, 
eight Regidors, and two Procurator Syndics, in towns having from one thou- 
sand to four thousand inhabitants, and the number of Regidors will be 
augmented to twelve in those towns which have more than four thousand 

5. In the capitals of the Provinces there must be at least twelve Regidors, 
and should they possess more than ten thousand inhabitants their number will 
be sixteen. 

6. In following out these principles in making the elections to fill these offices, 
it is ordered that the election take place on some day of festival in the month of 
December, by the inhabitants who are in the exercise of the rights of citizen- 
ship, of nine electors in the towns which have less than one thousand inhabit- 
ants, of sixteen in those having more than one thousand and less than five 
thousand inhabitants, and of twenty-five electors in those towns having a greater 
number of inhabitants. 

7. This election being completed, there shall be formed on another day of 


festival in the month of December the Board of Electors, presided by the polit- 
ical chief, if there be any, and if not by the oldest of the Alcaldes, and in the 
absence of the Alcalde by the oldest Regidor, in order to deliberate on the 
persons most suitable for the government of the town, (pueblo) and they cannot 
adjourn without having completed the election, which must be transcribed in 
a book kept for this purpose, and signed by the President and the Secretary, 
who shall be likewise Secretary of the Council, (Ayuntamiento) and said 
election shall be immediately published. 

8. In order to facilitate the appointment of the electors, especially where the 
population is numerous, or where the divisions or distances of the towns or 
parishes, (los pueblos 6 parroquias) which must unite in order to form their 
Council, might create difficulties or delays, Boards are to be formed in each 
parish composed of all the inhabitants domiciliated therein, which must be pre- 
viously convoked, and must be presided by the political chief, Alcalde or 
Regidor, and each one of them must elect the number of electors to which it is 
entitled, in the proportion which its population bears to the total population, 
and the act of the election must be transcribed in a book kept for this purpose, 
and be signed by the President and the Secretary, which the Board may 

9. A parish Board (Junta de parroquia) cannot be held in towns not having 
fifty inhabitants, and those being in this predicament must unite among them- 
selves, or with such as are nearest ; but all such towns as have hitherto enjoyed 
the privilege of nominating electors for the appointment of Justices, Councils, 
or deputies in common, shall retain this privilege. 

10. If, notwithstanding what has been provided in the preceding article, there 
should still be a greater number of parishes than there are electors, still an 
elector is to be nominated by each parish. 

11. If the number of parishes should be less than the number of electors, 
each parish will elect one, two, or more, until it has completed the requisite 
number ; but if an elector were yet wanting, he must be appointed by the parish 
having the largest population ; and if another be still wanting, he must be 
elected by the parish having the next largest population, and so successively. 

12. Inasmuch as it may happen that there exist in the ultramarine provinces 
some towns (en las provincias de ultramar algunos pueblos) which, owing to 
peculiar circumstances, ought to have Common Councils for their better gov- 
ernment, but whose inhabitants are not in the enjoyment of the rights of 
citizens, they have nevertheless the right to elect among themselves the officers 
of their Councils, in conformity to the rules herein prescribed for other towns. 

13. The Common Councils w r ill not in future have any permanent Assessors 
with fixed salaries. 

No. XI. 

[Leyes Vigentes, pages 56. etc.] 
Decree of the Cortes of Spain of the fourth of January, 1813. 


The Cortes general and extraordinary, considering that the reduction of 
common lands (terrenes communes) to private property is one of the measures 


most imperiously demanded for the welfare of the PUEBLOS, and the improve- 
ment of agriculture and industry, and wishing, at the same time, to derive from 
this class of lands aid to relieve the public necessities, a reward to the worthy 
defenders of the country, and relief to the citizens not proprietors, decree : 

1. All vacant land (baldios) or lands belonging to the Royal patrimony 
(realengos) and lands the revenue whereof goes to the use of the pueblo govern- 
ments, (propios y arbitrios) wooded or otherwise, as well in the Peninsula and 
adjacent islands as in the provinces beyond the sea, except the necessary suburbs 
(egidos) of the PUEBLOS, shall be reduced to private property, providing how- 
ever that in disposing of lands the revenue whereof goes to the use of the 
pueblo governments, (propios y arbitrios) the yearly revenue derived therefrom 
shall be supplied by the most appropriate means, to be proposed by the respec- 
tive provincial deputations, and approved by the Cortes. 

2. In whatever manner these lands may be distributed it shall be in fee 
simple absolute and by metes and bounds, (acotados) so that their owners may 
inclose the same, without prejudice to the ravines, cross roads, watering places 
for cattle, Cabrevaderos) and easements, (servidumbres) and enjoy them freely 
and exclusively, and dedicate them to any use and cultivation they may think 
best ; but they shall never entail them, nor transfer them at any time, nor under 
any title to be held in mortmain (manos muertas). 

3. In the transfer of said lands, the residents of the pueblos within the limits 
whereof said lands may be shall be preferred, and the commoners of said pue- 
blos in the enjoyment of said vacant land (baldios). 

4. The Territorial Deputations shall propose to the Cortes, through the 
Regency, the best time and means to carry out these dispositions in their respec- 
tive provinces, in accordance with the circumstances of the district, and also 
the lands which may be indispensable to reserve for the pueblos, that the Cortes 
may decide what would be suitable for each district. 

5. This business is recommended to the zealous attention of the Regency of 
the kingdom, and of the two Secretaries of State, that they may present it and 
explain it before the Cortes whenever proposals may be made by the Territorial 

6. Without prejudice to the foregoing provisions, one-half of the vacant 
land (baldiosj and lands belonging to the Royal patrimony (realengos) of the 
monarchy, except the suburbs of the pueblos, (egidos) is hereby reserved, to be 
in whole or in part, as may be deemed necessary, hypothecated for the payment 
of the national debt, preferring the payment of the claims against the nation 
which may be held by the citizens (vecinos) of the pueblos to which the lands 
may belong ; and in the latter class, preferring such claims as proceed from any 
supplies furnished to the national armies, or war loans made by said residents 
since the first day of May, 1808. 

7. In selling on account of the public debt said one-half of the vacant land 
(baldios) and lands belonging to the Royal patrimony, (realengos) or the part 
which may be deemed necessary to hypothecate, the citizens (vecinos) of the 
respective pueblos shall be preferred in the purchase thereof, and the common- 
ers in the enjoyment of the aforesaid lands ; and both shall be allowed to pay 
the full price of said lands with claims duly liquidated held by them on account 
of said supplies and loans, and in default thereof with any other legitimate 
national claim they may hold. 

8. There shall be comprised within said half of vacant land Cbaldios) and 
lands belonging to the Royal patrimony (realengos) the portion already justly 
and legally sold in some of the provinces for the expenses of the present war. 

9. Out of the remainder of the vacant land (baldios) or lands belonging to 
the Royal patrimony, ( realengos ) or lands the revenue whereof goes to the use 
of the pueblo governments, (propios y arbitrios) there shall be given gratis one 
lot of the best land for cultivation to each Captain, First or Second Lieutenant, 


who on account of old age, or having become an invalid in the military service, 
shall have been honorably discharged from the service, be they either citizens 
or foreigners, provided that in the districts of their residence there should be 
any of this class of lands. 

10. The lots to be granted in each PUEBLO to the officers or soldiers shall be 
equal in value, proportionate to the extent and quality of the same, and larger 
in some districts and smaller in others, according to the circumstances of the 
same, and the greater or less extension of the lands ; providing, however, if 
possible, that each lot may be such that if reasonably cultivated it shall suffice 
to the support of an individual. 

11. These lots shall be designated by the constitutional Common Councils 
(Ayuntamientos) of the respective pueblos to which the lands may belong, as 
soon as the interested parties present before them the documents proving their 
good performance in and honorable discharge from the service, and above all 
the statements of District Attorneys ( Procuradores Sindicos) shall be heard 
summarily and officially without exacting fees or reward of any kind. The 
proceedings (expediente) shall immediately be sent to the Territorial Deputa- 
tion that it may approve it and correct any error. 

12. The granting of these lots, (suertes) which shall be denominated patriotic 
rewards, shall not at present be extended to any other individuals, except those 
now serving or who may have served in the present war, or in the pacification 
of the actual revolts in some of the provinces beyond the sea. But it comprises 
the Captains, First and Second Lieutenants, and rank and file, who having 
served in either may have been honorably discharged, having a genuine dis- 
charge, for having been disabled on the battle-field, and not otherwise. 

13. It also comprises individuals not military, who having served as guerril- 
las, or contributed in any other manner to the national defense in this war, or 
in the American revolts, have been or may become mutilated or disabled in 
consequence of any conflict in war. 

14. These favors (gracias) shall be granted to the aforementioned parties, 
though they may on account of their services and brilliant exploits enjoy other 

15. Out of the remainder of the vacant land (baldios) and lands belonging 
to the Royal patrimony (realengos) there shall be segregated those most fit for 
cultivation, and one lot (suerte) only, proportionate to the extent thereof, shall 
be given gratis and by lottery to every resident of the respective PUEBLOS, own- 
ing no other land, and who may apply for the same, provided the whole amount 
of lands so segregated and distributed shall not exceed one-fourth of said vacant 
land (baldios) and lands belonging to the Royal patrimony (realengos) ; and if 
these should not be sufficient, the lot shall be given in the lands the revenue 
whereof goes to the use of the pueblo governments, (propios y arbi trios) impos- 
ing upon" the same a redeemable tax (car on) equivalent to the revenue derived 
from the same for the five years next piec^ding the end of the year 1817, so 
that the municipal funds may not decrease. 

16. If any of those favored by the preceding articles should fail to pay said 
tax (canon) for two consecutive years, if the lands belong to the class the rev- 
enue whereof goes to the use of the PUEBLO governments, (propios) or if he 
had it for his own benefit, it shall be given to a more industrious resident hav- 
ing no land of his own. 

17. All the proceedings for these grants shall be made by the Common 
Councils (Ayuntamientos) without any costs, and shall in like manner be 
approved by the Provincial Deputations. 

18. All lots granted in accordance with articles 9, 10, 11, 12, 15, shall be in 
fee simple absolute (plena propiedad) to the grantees and their successors upon 
the terms and conditions expressed in article the second ; but the owners of 
these lots cannot dispose of them before four years have elapsed from the date 


of the grant, nor entail them, nor transfer them at any time under any title to 
be held in mortmain (manos muertas). 

19. Any of the aforementioned grantees or their successors establishing upon 
the land granted his permanent habitation, shall be for the period of eight years 
exempted from the payment of any tax or impost upon said land and the pro- 
duct thereof. 

20. This decree shall be circulated, not only throughout all the pueblos of 
the monarchy, but also throughout the national armies, it being everywhere 
published, so that it may come to the notice of all individuals composing the 

No. XII. 

[Collection de Ordenes y Decretos de la Soberana Junta Provisional Gubernativa y Sober- 
anos Congresos Generales de la Nation Hexicana, Vol. Ill, page 64, etc.; 1 Rockwell, 
451; Halleck's Report, ut supra, Appendix 4.] 

Decree of the 18th August, 1824, respecting Colonization. 

The sovereign general constituent Congress of the United Mexican States 
has been pleased to decree 

1st. The Mexican nation promises to those foreigners who may come to 
establish themselves in its territory, security in their persons and property, pro- 
vided they subject themselves to the laws of the country. 

2d. The objects of this law are those national lands which are neither private 
property nor belonging to any corporation or pueblo, and can therefore be 
colonized. (Son objeto de esta ley aquellos terrenes de la nacion, que no 
siendo de propiedad particular, ni pretenecientes a corporacion alguna 6 
PUEBLO, pueden ser colonizados.) 

3d. To this end the Congress of the States will form, as soon as possible, 
the laws and regulations of colonization of their respective demarcation, with 
entire conformity to the constitutive act, the general constitution, and the rules 
established in this law. 

4th. Those territories comprised within twenty leagues of the boundaries of 
any foreign nation, or within ten leagues of the seacoast, cannot be colonized 
without the previous approval of the supreme general executive power. 

5th. If, for the defense or security of the nation the federal government should 
find it expedient to make use of any portion of these lands for the purpose of 
constructing warehouses, arsenals, or other public edifices, it may do so, with 
the approbation of the general Congress, or during its recess with that of the 
government council. 

6th. Before the expiration of four years after the publication of this law, no 
tax or duty (direcho) shall be imposed on the entry of the persons of foreigners, 
who come to establish themselves for the first time in the nation. 

7th. Previous to the year 1840, the general Congress cannot prohibit the 
entry of foreigners to colonize, except compelled to do so, with respect to the 
individuals of some nation, by powerful reasons. 

8th. The government, without prejudicing the object of this law, will take 
the precautionary measures which it may consider necessary for the 1 security of 
the federation, with respect to the foreigners who may come to colonize. 
In the distribution of lands, Mexican citizens are to be attended to in prefer- 
ence ; and no distinction shall be made amongst these, except such only as is 
due to private merit and services rendered to the country, or inequality of cir- 
cumstances, residence in the place to which the lands distributed belong. 

10th. Military persons who are entitled to lands by the promise made on the 


27th of March, 1821, shall be attended to in the States, on producing the diplo- 
mas granted to them to that effect by the supreme executive power. 

llth. If by the decrees of capitulation, according to the probabilities of life, 
the supreme executive should see fit to alienate any portion of land in favor of 
any military or civil officers of the federation, it may so dispose of the vacant 
lands of the territories. 

12th. No person shall be allowed to obtain the ownership of more than one 
league square, of five thousand varas (5,000) of irrigable land (de regadio), four 
superficial ones of land dependent on the seasons (de temporal), and six superfi- 
cial ones for the--purpose of rearing cattle (de abreradiso) . 

13th. The new colonist cannot transfer their possessions in mortmain (manos 

14th. This law guaranties the contracts which the grantees (empresarios) 
may make with the families which they may bring out at their expense ; pro- 
vided they be not contrary to the laws. 

15th. No one who, by virtue of this law, shall acquire the ownership of 
lands, shall retain them if he shall reside out of the territory of the republic. 

16th. The government, in conformity with the principles established in this 
law, will proceed to the colonization of the territories of the republic. 

No. XIII. 


[California Archives, Vol. IV, San Jos Dep. S., page 278.] 

Governor Echandia says Comandantes of Presidios cannot grant lands. 

" Under this date, I say to Lieutenant Don Ygnacio Martinez, Com te of the 
Presidio of San Francisco, that which follows : 

" The Englishman, William Willis, resident for many years in the pueblo of 
San Jose Guadalupe, presented himself before this Government, asking the 
concession of a place named Laguna de los Bol bones, and in consequence of 
the Bando, lately published, and other considerations influencing this Superior 
Government in favor of its ancient and new inhabitants, the following decree 
was made on his petition : ' Port of San Diego, June 7th, 1828. Inasmuch 
' as there are in the pueblo of San Jose Guadalupe lands sufficient on which the 
' petitioner can maintain his flocks and herds, in accordance with the late Bando 
* published in relation to the matter, the place petitioned for cannot be granted.' 
On this refusal, this individual, maliciously disregarding the authority of the 
Government, presented himself to the Comandante of San Francisco, setting 
forth that the said place pertained to his jurisdiction, and asking him to con- 
cede to him ad interim, that which he was unable to obtain from the proper 
source, who was weak enough to accede to his petition, and grant to him the 
land (a thing that no Comandante of this Territory has any authority to do) by 
decree on his petition, dated the twenty-fifth of August last past, not even in 
the character of a loan for one year. Wherefore, as soon as you receive this 
you will cause to appear before you the said William Willis, and will exact 
from him a fine of fifty dollars," etc. 


No. XIV. 

[California Archives, Vol. II, Missions and Colonization, page 1, etc.; 1 Kockwell, 453; 
Halleck's Report, ut supra, Appendix 5.] 

General rules and regulations for the colonization of territories of the republic. 
Mexico, November 21, 1828. 

It being stipulated in the llth article of the general law of colonization of 
the 18th of August, 1824, that the government, in conformity with the princi- 
ples established in said law, shall proceed to the colonization of the territories 
of the republic ; and it being very desirable, in order to give to said article the 
most punctual and exact fulfilment, to dictate some general rules for facilitating 
its execution in such cases as may occur, his excellency has seen fit to deter- 
mine on the following articles : 

1st. The governors (gefes politicos) of the territories are authorized (in com- 
pliance with the law of the general Congress of the 18th of August, 1824, and 
under the conditions hereafter specified) to grant vacant lands (terrenos val- 
dios) in their respective territories to such contractors (empresarios,) families, 
or private persons, whether Mexicans or foreigners, who may ask for them, for 
the purpose of cultivating and inhabiting them. 

2d. Every person soliciting lands, whether he be an empresario, head of a 
family, or private person, shall address to the governor of the respective territory 
a petition, expressing his name, country, profession, the number, description, 
religion, and other circumstances of the families or persons with whom he 
wishes to colonize, describing as distinctly as possible, by means of a map, the 
land asked for. 

3d. The governor shall proceed immediately to obtain the necessary informa- 
tion whether the petition embraces the requisite conditions required by said law 
of the 18th of August, both as regards the land and the candidate, in order that 
the petitioner may at once be attended to ; or if it be preferred, the respective 
municipal authority may be consulted, whether there be any objection to mak- 
ing the grant or not. 

4th. This being done, the governor will accede or not to such petition, in 
exact conformity to the laws on the subject, and especially to the before- 
mentioned one of the 18th of August, 1824. 

5th. The grants made to families or private persons shall not be held to be 
definitely valid without the previous consent of the territorial deputation, to 
which end the respective documents (espedientes) shall be forwarded to it. 

6th. When the governor shall not obtain the approbation of the territorial 
deputation, he shall report to the supreme government, forwarding the necessary 
documents for its decision. 

7th. The grants made to empresarirs for them to colonize with many families 
shall not be held to be definitely valid until the approval of the supreme gov- 
ernment be obtained ; to which the necessary documents must be forwarded, 
along with the report of the territorial deputation. 

8th. The definitive grant asked for being made, a document signed by the 
governor shall be given, to serve as a title to the party interested, wherein it 
must be stated that said grant is made in exact conformity with the provisions 
of the laws in virtue whereof possession shall be given. 

9th. The necessary record shall be kept in a book destined for the purpose, 
of all the petitions presented, and grants made, with the maps of the lands 
granted, and the circumstantial report shall be forwarded quarterly to the 
supreme government. 

10th. No capitalization shall be admitted for a new town, except the ca- 
pitulizator bind himself to present, as colonists, twelve families at least. 


llth. The governor shall designate to the new colonist (nuevo poblador) a 
proportionate time within which he shall be bound to cultivate or occupy the 
land on the terms and with the number of persons or families which he may 
have capitulized for, it being understood that if he does not comply, the 
grant of the land shall remain void; nevertheless, the governor may re validate 
it in proportion to the part which the party may have fulfilled. 

12th. Every new colonist, after having cultivated or occupied the land 
agreeable to his capitalization, will take care to prove the same before the 
municipal authority, in order that, the necessary record being made, he may 
consolidate and secure his right of ownership, so that he may dispose freely 

13. The reunion of many families into one town (poblacion) shall follow, in its 
formation, interior government and policy, the rules established by the existing 
laws for the other towns of the republic, special care being taken that the new 
ones are built with all possible regularity. 

14th. The minimum of irrigable land to be given to one person for coloniza- 
tion shall be 200 varas square, the minimum of land called de temporal shall be 
800 varas square, and the minimum for breeding cattle (de abrevadero) shall be 
1,200 varas square. 

15th. The land given for a house-lot shall be 100 varas. 
_ 16th. The spaces which may remain between the colonized lands may be 
distributed among the adjoining proprietors who shall have cultivated theirs 
with the most application, and have not received the whole extent of land 
allowed by the law, or to the children of said proprietors, who may ask for 
them to combine the possessions of their families ; but on this subject partic- 
ular attention must be paid to the morality and industry of the parties. 

17th. In those territories where there are missions, the lands occupied by 
them cannot be colonized at present, nor until it be determined whether they 
are to be considered as the property of the establishments of the neophytes, 
catechumens, and Mexican colonists. 

No. XV. 

[See the same: Halleck's Report, Appendix, No. 13; 1 Rockwell, 455; Jones' Report, 

page 59.] 

Decree of the Mexican Congress relating to the Secularization of the Missions 

of California. 

ARTICLE 1. The Government will proceed to secularize the Missions of 
Upper and Lower California. 

ART. 2. In each of said Missions shall be established a parish, served by a 
secular clergyman, with a stipend of from two thousand to two thousand five 
hundred dollars a year, as the Government shall decide. 

ART. 3. These Parochial Curates shall not recover or receive any fees for 
marriages, baptisms, or under any other name. As regards fees for processions, 
they shall be entitled to receive such as may be specifically named in the list 
made out for that object, as concisely as possible, by the Reverend Bishop of 
the Diocese, and approved by the Supreme Government. 

ART. 4. The churches which have served in each Mission shall serve as 
parish churches, with the sacred vases, ornaments, and other articles, which each 
possesses at present, and such additional furniture belonging to said church as 
the Government may deem necessary for the more decent use of said parish. 


ART. 5. The Government shall cause to be laid out a campo santo [cemetery] 
for each parish out of the way of the population. 

ART. 6. Five hundred dollars a year are appropriated for the service and 
worship in each parish church. 

ART. 7. Of the houses belonging to each Mission, the most suitable shall 
be selected as the residence of the Curate, the land appropriated to him not to 
exceed two hundred yards square, and the rest shall be specially devoted to a 
town house, primary school, and public establishments and offices. 

ART. 8. In order to provide promptly and effectively for the spiritual wants 
of both the Californias, there is established in the capital of the Upper a vicar- 
ship, which shall have jurisdiction over the two Territories, and the Keverend 
Diocesan shall endow it with the most ample powers. 

ART. 9. Three thousand dollars are appropriated as an endowment to this 
vicarship, the Yicar being required to discharge his duties free of charge under 
any pretext or name, not even for paper. 

ART. 10. If for any other cause whatever the Parochial Curate of the 
capital, or any other parish in the district, shall act as Yicar, there shall be 
paid to him one thousand five hundred dollars, besides the stipend of his 

ART. 11. There shall not be introduced any custom which shall require the 
inhabitants of California to make offerings, however pious they may be, although 
they may be termed necessary ; and neither time nor the will of the said inhab- 
itants shall give them any force or weight whatever. 

ART. 12. The Government shall take effectual care that the Keverend Dio- 
cesan shall contribute, so far as he is concerned, to fulfill the objects of this 

ART. 13. The Supreme Government shall provide for the gratuitous trans- 
portation, by sea, of the new Curates that may be appointed and their families, 
and besides may give to each one, for his traveling by land, from four to eight 
hundred dollars, according to the distance and the number of his family which 
he brings. 

ART. 14. Government shall pay the traveling expenses of the religious 
[regulars] (religiosos) Missionaries who move ; and that they may be accom- 
modated on land as far as their colleges or convents, may give to each from 
two to three hundred dollars, and, at discretion, so much as may be necessary 
to such as have not sworn to support the independence, that they may leave 
the Republic. 

ART. 15. The Supreme Government shall pay the expenses arising under 
this law out of the products of the securities, capitals, and rents, which are 
regarded as the pious fund in the Missions of California. 

August 17th, 1833. 

No. XVI. 



[California Archives, Vol. Ill, Departmental State Papers, page 558.] 

MAY 18iH, 1834. 
Governor Figueroa to Com te Vallejo. 

The Military Comandante of that place (San Francisco) has been considered 
as one encharged with the administration of justice, which functions were, in 


the time of the Spanish Government, attributed to that officer on account of 
there being no constitutional Alcalde, on whom the law of the ninth of Octo- 
ber, 1812, conferred the jurisdiction contensiosa. 

Thus it is that the Military Comandantes have continued exercising these 
functions until Ayuntamientos should be established at the points where none 
existed. Under this view of the matter, it is for you, in the character of Judge 
of First Instance, to carry out the provisions of the law of the twenty-second 
of July, 1833, in that Presidio and its comprehension (jurisdiction). 

It belongs also to the Military Comandante of that Presidio to exercise the 
political government of the same, for the want of local authorities. It is his 
duty to make out a list of the inhabitants, in the manner prescribed by law, 
which I will expect you to forward to me without delay, informing me at the 
same time if, in your opinion, an Ayuntamiento may be established, that I may 
take such steps as may be necessary in order to carry out the matter. 

Signed with Rubrica of Figueroa. 

No. XVII. 



[California Archives, Vol. XIV, Angeles Official Correspondence.] 

Governor Figueroa's Decree of August 6th, 1834, respecting Constitutional 



The Most Excellent Territorial Deputation, under date of the second instant, 
was pleased to resolve as follows : 

1st. There shall be a Constitutional Ayuntamiento in the " vecindario " of 
San Diego, composed of one Alcalde, two Regidores, and one Sindico Procu- 

2d. There shall be a Constitutional Ayuntamiento in the " vecindario " of 
Santa Barbara, composed of one Alcalde, four Regidores, and one Sindico 

3d. The Constitutional Ayuntamiento of the pueblo of Los Angeles shall be 
increased by one Alcalde of the second nomination and two Regidores. 

4th. The Constitutional Ayuntamiento of this capital by one Alcalde of the 
second nomination and two Regidores. 

5th. The officers referred to in the foregoing articles shall be elected on the 
days designated in the law of the twelfth of June, 1830, and shall enter upon 
the duties of office on the first of January, 1835, excepting those for Santa 
Barbara, who from the present date (such as are elected) shall exercise all the 
functions awarded to them by decree of the twenty-third of June, 1813. 

All of which I forward to you for your information and further ends, requir- 
ing you to see that the same be fulfilled. 

God and Liberty ! 

MONTEREY, August 6th, 1834. 


To the Constitutional Alcalde of Los Angeles. 





inserted in parentheses.] 

[California Archives, Vol. II, Missions and Colonization, page 538. This is very badly 
translated as will be seen where the mistranslations are italicised and the Spanish terms 

AUGUST CTH, 1834. 


Jose Figueroa, Brigadier General of the Mexican Republic, Commander-in- 
Chief, Inspector and Superior Political Chief of the Territory of the Upper 

The Right Honorable Territorial Deputation being desirous to provide the 
Towns and Cities (los Pueblos) with necessary funds for their expenses and 
works of public benefit, has been pleased to resolve the following- : 

A plan of ways and means to raise municipal funds (propios y arbitrios) for 

Art. 1st. The Ayuntamientos will proceed by ordinary channels to solicit, 
that, to each Town and City, lands for common" and for Town and City prop- 
erty be assigned. (Se senalen a cada pueblo terrenos para ejidos y para 
propios that lands for ejidos and propios be designated to each pueblo.} 

2d. Town and City landed property (los terrenos de propios) so to be assign- 
ed to each Town and City, will be subdivided into middling and small sized 
lots ; and the same may be rented or leased to the highest bidder or bidders. 
Actual possessor or possessors of town or city property (propios) will pay such 
annual ground rent as at the discretion of the Ayuntamientos after an investi- 
gation of three intelligent and honest men having been had, may be imposed 
upon them. 

3d. Upon the concession of a building-lot for the erection of houses or places 
of abode, the party and parties interested will pay six dollars and a quarter for 
each building-lot of one hundred varas square ; and so on ; progressively or 
diminutively he or they will pay at the rate of one quarter of a dollar for each 
front vara. 

4th. The Constitutional Ayuntamientos within their respective demarcation 
may for the time being allow to be used such branding irons as at the instance 
of the parties, may be filed for registration ; and collect at the time of allowing 
the same for each of such branding irons the sum of one dollar and a half to be 
applied to municipal funds. 

5th. The Political Chief (Governor) will please to order so as to be publicly 
known that a party now using a branding-iron which is not so registered, shall 
produce the same in the town or city house of the proper jurisdiction, for the 
purpose of obtaining a proper license upon being so registered ; for which an 
equal sum as assigned in the 4th Article is likewise to be paid. 

6th. For slaughtering each head of cattle, being for the public supply or 
market, the owner or owners will pay half a real, and the like sum for slaught- 
ering each sheep ; and two reals each hog or pig. 

7th. For each clothing store the owner or owners will pay one dollar month- 
ly ; and for each of the groceries of liquor stores, or stores for any other trade, 
half a dollar. 

8th. For each of the weighing or measuring prices, when sealed by the 
inspector, he or they will pay one real. 

9th. From the manager or managers of rope-dances, comedy, and puppet 
plays, two dollars will be collected for each performance. 


10th. For billiard places, they will pay one dollar monthly. 

llth. In the ports of Monterey. San Francisco, Santa Barbara, San Pedro 
and San Diego, every national vessel, not being a vessel of war, will pay as 
municipal duty, half a real for each package landed for commercial purposes ; 
and foreign vessels of the like class will pay one real for a package landed in 
said ports. 

12th. It will be solicited from the Supreme Government that the two reals 
tunnage-duty on foreign vessels, which, according to the 4th Article of the 
Custom House regulations of 16th of November, 1827, were allowed to the 
States, be granted to this Territory for municipal funds, which are to supply 
the treasury of the Deputation. 

13th. Enterprisers of fishing and shooting of otters, will pay for each skin 
of the size of a vara, and so on, four reals, and the like sum for each of the 
beaver's skins. 

14th. All fines or pecuniary penalties which may hereafter be imposed for 
light offenses by the Constitutional Alcaldes, and even by the Political Chief, 
will be applied to municipal funds. 

15th. The municipal duty heretofore paid on national liquors, will be from 
the time of the passing hereof, reduced to three dollars on a barrel of brandy, 
two dollars on each of the " angelica" and one dollar and a half on each of 
wine, which duty will be paid at the port where the same may be introduced 
by the importer or importers. 

16th. On foreign brandy hereafter introduced for commercial purposes into 
this Territory, one dollar will be paid for a gallon as municipal duty ; at the 
like rate it will be paid on gin ; and on wine and beer it will be at the rate of 
four reals a gallon. 

17th. A voluntary contribution is established to every vessel, national and 
foreign, anchoring in the bay of Monterey, for the exclusive purpose of building 
a wharf; each captain, supercargo, or owner of vessel will give what he may 
spontaneously please ; the produce of this contribution will be collected and 
kept by the harbor-master under his charge ; and the same will be employed 
on the construction of such a wharf, and on this work being finished, said con- 
tribution to cease. 

18th. For each public sale wherein commercial goods are sold to the highest 
bidders, the auctioneer or auctioneers will pay three dollars as municipal duty. 

19th. Taking into consideration the want of funds for ordinary expenses and 
principal works of the town, according to the power 4th, article 335 of the 
constitution in force, and after the assent of the Political Chief is given thereto, 
the taxes, customs and excise determined in Articles 3, 4, 5, 6, 7, 8, 9, 10, 13, 
14, 15, 16, 17, and 18, will be enforced, which the said Political Chief will 
have published on the usual places for observance. 

20th. Account will be given to the Supreme Government of this designation, 
to solicit from the General Congress the approval thereto. 

21st. The Political Chief will notify the controller of the Marine Custom 
House to report to the " Ayuntamiento " of the Capital, the quantity and kind 
of liquors that he may hereafter guage from each vessel, in order the same may 
in view of said report take such measures as may be deemed most proper to 
avoid fraud. 

And for the purpose that it may be publicly known, this will be published, 
and due observance given thereto, by posting the same on the public places, 
and in a circular to those who are to watch the observance thereof. 

Given at Monterey, on the 6th day of August, 1834. 




No. XIX. 

[Halleck's Rep., Appendix No. 14; 1 Rockwell, 456; and from the end of Art. 23d, Jones' 

Rep., page 65.] 

Governor Figueroa's Provisional Rides for the Secularization of the Missions. 

ARTICLE 1. The Governor, agreeable to the spirit of the law of the seven- 
teenth August, 1833, and to the instructions which he has received from the 
Supreme Government, will, with the cooperation of the Prelates of the Mis- 
sionary Priests, partially convert into pueblos the Missions of this Territory, 
beginning in the next month of August, and commencing at first with ten 
Missions, and afterwards with the remainder. 

ART. 2. The Missionary Priests will be exonerated from the administration 
of temporalities, and will only exercise the functions of their ministry in mat- 

temporalities in the directive part, according to the following bases. 

ART. 4. The Supreme Government will, by the quickest route, be requested 
to approve of these Provisional Regulations. 


ART. 5. To every individual head of a family, and to all those above twenty- 
one years of age, although they have no family, a lot of land, whether irrigable 
or otherwise, of not exceeding four hundred varas square, nor less than one 
hundred, shall be given out of the common lands of the Missions ; and in com- 
munity a sufficient quantity of land shall be allotted them for watering their 
cattle." Common lands shall be assigned to each pueblo, and, when convenient, 
municipal lands also. 

ART. 6. One-half of the self-moving property (cattle) shall be distributed 
among the said individuals, in a proportionable and equitable manner, at the 
discretion of the Governor, taking as a basis the last accounts of all kinds of 
cattle presented by the Missionaries. 

ART. 7. One-half or less of the chattels, instruments, and seeds, on hand 
and indispensable for the cultivation of the ground, shall be divided proportion- 
ably among them. 

ART. 8. The remainder of all the lands, landed property, cattle, and all 
other property on hand, will remain under the care and responsibility of the 
Mayordomos, or other officers whom the Governor may name, at the disposal of 
the Supreme Federal Government. 

ART. 9. From the common mass of this property the subsistence of the 
Missionary Padres, the pay of the Mayordomos, and other servants, and the 
expenses of religious worship, schools, and other objects of policy and ornament, 
shall be provided. 

ART. 10. The Governor, having under his charge the direction of temporal 
affairs, will determine and regulate, according to circumstances, all the expenses 
necessary to be laid out, as well for the execution of this plan as for the conser- 
vation and augmentation of this property. 

ART. 11. The Missionary Minister will select the locality in the Mission 
which may best suit him for his own habitation and that of his servants and 
attendants ; and he shall be furnished with the necessary furniture and imple- 

ART. 12. The library, sacred dresses, ornaments, and furniture, of the 
church, shall be put in charge of the Missionary Padre, under the responsibility 


of the person who acts as subscriber, and whom the Priest himself shall elect, 
and a reasonable salary be given for his troubles. 

ART. 13. General inventories shall be made of all property on hand in each 
Mission, with due separation and explanation of the different branches ; of the 
books, debit and credit, and all kinds of papers ; of the amount owing by and 
to the Missions ; which document and account shall be forwarded to the 
Supreme Government. 


ART. 14. The political government of the pueblos shall be organized in 
perfect conformity with the existing laws ; the Governor will give the neces- 
sary instructions to have Ayuntamientos established and elections made. 

ART. 15. The economical government of the pueblos shall be under the 
charge of the Ayuntamientos ; but as far as regards the administration of 
justice in contentious affairs, they will be subject to the primary Judges of the 
nearest towns constitutionally established. 

ART. 16. The emancipated Indians will be obliged to assist at the indispen- 
sable common labor which, in the opinion of the Governor, may be judged 
necessary for the cultivation of the vineyards, orchards, and corn-fields, which 
for the present remain undisposed of, until the resolution of the Supreme Gov- 

ART. 17. Said emancipated Indians will render to the Missionary Priest 
the necessary personal service for the attention of his person. 


ART. 18. They cannot sell, burden, or alienate, under any pretext, the lands 
which may be given them ; neither can they sell their cattle. Whatever con- 
tracts may be made against these orders shall be of no value ; the Government 
will reclaim the property as belonging to the nation, and the purchasers shall 
lose their money. 

ART. 19. The lands whose owners shall die without heirs shall revert to the 
possession of the nation. 


ART. 20. The Governor will name such Commissioners as he may see fit to 
carry this plan and its incidents into effect. 

ART. 21. The Governor is authorized to resolve any doubt or matter which 
may arise relative to the execution of these regulations. 

ART. 22. Until these regulations be put in force the Reverend Missionary 
Padres are prohibited from slaughtering cattle in large quantities, except the 
common and ordinary number accustomed to be killed for the subsistence of 
the neophytes, without allowing any waste. 

ART. 23. The debts of the Mission shall be paid in preference, out of the 
common mass of the property, at the time and in the manner that the Governor 
shall determine. 

That the fulfillment of this law may be perfect the following rules will be 
observed : 

1st. The Commissioners, so soon as they shall receive their appointments and 
orders, shall present themselves at the respective Missions, and commence the 
execution of the plan, being governed in all things by its tenor and these regu- 
lations. They shall present their credentials respectively to the Priests under 
whose care the Mission is, with whom they shall agree, preserving harmony and 
proper respect. 

2d. The Priests shall immediately hand over and the Commissioners receive 
the books of accounts and other documents relating to property claims, liqui- 
dated and unliquidated ; afterwards, general inventories shall be made out, in 


accordance with the 13th Article of this regulation, of all property such as 
houses, churches, workshops, and other local things stating what belongs to 
each shop that is to say, utensils, furniture, and implements ; then, what 
belongs to the homestead ; after which shall follow those of the field, that is to 
say, property that grows, such as vines and vegetables, with an enumeration of 
the shrubs, if possible, mills, etc. ; after that, the cattle, and whatever apper- 
tains to them ; but as it will be difficult to count them, as well on account of 
their number as for the want of horses, they shall be estimated by two persons 
of intelligence and probity, who shall calculate, as nearly as may be, the num- 
ber of each species, to be inserted in the inventory. Everything shall be in 
regular form in making the inventory, which shall be kept from the knowledge 
of the Priests, and under the charge of the Commissioner or Steward ; but 
there shall be no change of the order of the work and services, until experience 
shall show that it is necessary, except in such matters as are commonly changed 
whenever it suits. 

3d. The Commissioner, with the Steward, shall dispense with all superfluous 
expense, establishing rigid economy in all things that require reform. 

4th. Before he takes an inventory of articles belonging to the field, the Com- 
missioner will inform the natives explaining to them with mildness and patience 
that the Missions are to be changed into villages, which will only be under the 
government of the Priests so far as relates to spiritual matters ; that the lands 
and property for which each one labors are to belong to himself, and to be 
maintained and controlled by himself without depending on any one else ; that 
the houses in which they live are to be their own, for which end they are to 
submit to what is ordered in these regulations, which are to be explained to 
them in the best possible manner. The lots will be given to them immediately, 
to be worked by them as the 5th Article of the regulations provides. The 
Commissioner, the Priest, and the Steward, shall choose the location, selecting 
the best and most convenient to the population ; and shall give to each the 
quantity of ground which he can cultivate, according to his fitness and the size 
of his family, without exceeding the maximum established. Each one shall 
mark his land in such manner as may be most agreeable to him. 

5th. The claims that are liquidated shall be paid from the mass of property ; 
but neither the Commissioner nor the Steward shall settle them without the 
express order of the Government, which will inform itself on the matter, and, 
according to its judgment, determine the number of cattle to assign to the 
neophytes, that it may be done, as heretofore, in conformity with what is pro- 
vided in the 6th Article. 

6th. The necessary effects and implements for labor shall be assigned in the 
quantities expressed by the 7th Article, either individually or in common, as 
the Commissioner and Priest may agree upon. The seeds will remain undivided, 
and shall be given to the neophytes in the usual quantities. 

7th. What is called the priesthood shall immediately cease; the female 
children whom they have in charge being handed over to their fathers, explain- 
ing to them the care they should take of them, and pointing out their obliga- 
tions as parents. The same shall be done with the male children. 

8th. The Commissioner, according to the knowledge and information which 
he shall acquire, shall name to the Government, as soon as possible, one or sev- 
eral individuals, who may appear to him suitable and honorable, as Stewards, 
according to the provisions of the 8th Article, either from among those who 
now serve in the Missions or others ; he shall also fix the pay which should be 
assigned them, according to the labor of each Mission. 

9th. The settlements which are at a distance from the Mission, and consist 
of more than twenty-five families, and which would desire to form a separate 
community, shall be gratified ; and the appropriation of lands and other prop- 
erty shall be made to them as to the rest. The settlements which do not con- 


tain twenty-five families, provided they be permanently settled where they now 
live, shall form a suburb, and shall be attached to the nearest village. 

10th. The Commissioner shall state the number of souls which each village 
contains, in order to designate the number of municipal officers, and cause the 
elections to be held, in which they will proceed conformably, as far as possible, 
to the law of June 12, 1830. 

llth. The Commissioners shall adopt all executive measures which the con- 
dition of things demands, giving an account to the Government, and shall 
consult upon grave and doubtful matters. 

12th. In everything that remains, the Commissioners, the Priests, Stewards, 
and natives, will proceed according to the provisions of the regulation. 



Monterey, August 9, 1834. 

No. XX. 

LARIZED, NOY. SD, 1834. 

[Hallock's Eep. App. 15 ; Jones's Report, page 60, No 10 ; 1 Rockwell, 461.] 

In the extraordinary session of the most excellent California deputation held in 
Monterey on the 3o OF NOVEMBER, 1834, the following regulations were 
made respecting the missions which had been secularized, agreeably to the 
supreme order of the 11th August, 1833, and the provisional regulations of 
Governor Figueroa of the 9th August, 1834 : 

ARTICLE 1. In accordance with the 2d article of the law of the 17th 
August, 1833, the amount of $1,500 per annum is assigned to the priests who 
exercise the functions of parish priests in the curacies of the first class, and 
$1,000 to those of the second class. 

ART. 2. As curacies of the first class shall be reputed San Diego, San 
Dieguito, San Luis Rey, Las Flores, and ranches annexed ; San Gabriel and 
Los Angeles ; Santa Barbara, the mission and presidio annexed ; San Carlos, 
united to Monterey; Santa Clara, joined to San Jose de Guadalupe, and San 
Jose, San Francisco Solano, San Rafael, and the colony. And the following 
shall be reputed of the second class : San Juan Capistrano, San Fernando, San 
Buenaventura, San Ynes and la Purisima, San Luis Obispo, San Miguel, San 
Antonio and La Solidad, San Juan Bautista, Santa Cruz, San Francisco de 
Assis, and the presidio. 

ART. 3. Agreeably to the 8th and 9tti articles of said law, the reverend 
father commissary prefect, Father Francisco Garcia Diego, shall establish his 
residence in the capital, and the governor (gefe politico) shall request the 
reverend diocesan to confer upon said prelate the faculties appertaining to 
a foraneous vicar. He shall enjoy the salary of $3,000 assigned to him by 
said law. 

ART. 4. The foraneous vicar and the curates shall be judged, in all other 
respects, by said law of the 17th August, 1833. 

ART. 5. Until the Government can furnish permanent parish priests, the 
respective prelates of the missionaries (religions) shall do so provisionally, 
with the approbation of the governor. 

ART. 6. With respect to article 6th of said law, the $500 per annum shall 
be paid for public worship and for servants in each parish. 


ART. 7. Prom the common stock of the property of the extinguished [sup- 
pressed] mission, the salaries of the foraneous vicar, the curates, and for religious 
worship, shall be paid either in cash (should there be any) or in produce or 
other articles at current prices. The governor will give the necessary orders 
to have this carried into effect. 

ART. 8. The 17th article of the provisional regulations of secularization, 
which imposed upon Indians the duty of giving personal service to* the priests, 
is annulled. 

ART. 9. With respect to the 7th article of said law, the governor will 
order localities to be appointed for the habitation of curates, for the court- 
house, schools, public establishments, and workshops. 

ART. 10. The other matters to which the observations of the reverend 
padre, Fr. Narcisco Daran, extend, as they are of easy resolution, will be 
settled by the governor, who is authorized to do so by the provisional regu- 

ART. 11. This law, together with the opinion of the committee appointed 
to examine the above rations of Padre Daran on the provisional regulations, 
shall be communicated to the prelates for them to make it known to their 

ART. 2, (addition to). The curacies which embrace two or more inhabited 
places will recognise the first one mentioned as the principal, and there the 
parish priest will reside, and in San Diego and Santa Barbara the missions will 
be the places of residence. 

No. XXI. 



DECEMBER, 1834. 

Order for election of an Ayuntamiento for the Partido of San Francisco, and 

election of the same. 

TV -. j Seal of the Political Government ) 

| of Upper California. f 

The most excellent Territorial Deputation, using the powers conferred on it 
by the law of the 23d of June, 1813, on yesterday passed the following instruc- 
tions : 

" 1st. The Political Chief will direct that the partido of San Francisco pro- 
ceed to the election of an Ayuntamiento constitutional, which shall reside in 
the Presidio of that name, composed of an Alcalde, two Couucilmen, and a 
Sindic Procurer, regulating itself in all respects, so as to be able to verify it, 
by the existing Constitution and the law of June 12, 1830.* 

" 2d. That account be given by the proper way to the Supreme Government 
for the due approbation." 

And I transcribe it to you for your information and compliance, recommend- 
ing that the election be carried into effect on the day appointed by the said law 
of the 12th of June. 

I also notify you that the Ayuntamiento, when installed, will exercise the 
political functions with which you have been charged, and the Alcalde the 
judicial functions which the laws, for want of a Judge of Letters, confer on 

* This should be July 12,1830. See the Original Coleccion de Decretos por 1829-1830, 
pages 113, etc. 


him ; you remaining restricted to the military command alone, and receiving in 
anticipation the thanks due for the prudence and exactness with which you 
have carried on the political government of that demarcation. 

God and Liberty I 
MONTEREY, November 4, 1834. 

To the Military Comandante of San Francisco. 

No. 2. 

In the Presidio of San Francisco, the 7th day of December, 1834, the Mu- 
nicipality of the Demarcation assembled in the house of the Comandancia. 
The corresponding order of convocation being previously given for the purpose 
of holding the primary Junta for voting for the electors who are to meet in 
secondary ( junta) on the first following Sunday, for the purpose of electing the 
individuals who are to compose the new Ayuntamiento for this Comprehension, 
and who are to hold office for the coming year of 1835, in compliance with 
what is ordered by the Political Chief, on the 4th of November of this year, 
in virtue of the resolution on the matter by the most excellent Territorial 
Deputation, after the election of four secretaries, proceeded to the election of 
twelve electors, which number according to the assembled Municipality was 
found to correspond to it, and having counted the votes from which there 
resulted by majority. Citizens : Ygnacio Peralta with 27 votes ; Francisco 
Sanchez with 23 ; Francisco Soto with 20 ; Joaquin Castro with 19 ; Jose de 
la Cruz Sanchez with 17 ; Francisco de Haro with 16 ; Manuel Sanchez with 
15 ; Juan Miranda with 15 ; Antonio Castro with 12 ; Manos Briones with 9, 
and Apolonario Miranda with 9; from which it resulted that the said gentle- 
men were elected ; and they were notified of it, and the act being concluded, 
the President and Secretaries signed the present act. 


No. XXII. 


Approval of choice of Alcalde for Contra Costa, by Governor Figueroa. 

j Seal of the Political Government ) 
( of Upper California. j 

The appointment you have made in favor of the citizen Gregorio Briones, as 
auxiliary Alcalde in the Contra Costa, seems to me very well, and consequently 
has my approval. I say this to you in answer to your official note on the 
matter of the 22d ultimo. 

God and Liberty ! 
MONTEREY, January 31st, 1835. 

Senor Constitutional Alcalde of San Francisco de Asis. 




Order of Governor Figueroa for the election of an Ayuntamiento for the 
PUEBLO of San Francisco, January 3lst, 1835. 

Con el ofo de Y. de 23 del que acaba es en mi poder el Padron 
general de los habitantes que tiene esa poblacion de San Francisco 
[SEAL.] de Asis. 

Como esta prevenido por la ley de 23 de Mayo de 1812, que se 

reputa vigente que cada pueblo tenga su Ayuntamiento y correpon- 

diendole a ese por su senso un Alcalde, dos Regidores, y un Sindico Procurador, 

dispondra Y. que desde luego se verifiquen las elecciones para la formacion del 

Ayuntamiento con total arreglo a la ley de 12 de Junio de 1830. 

Dios y Liber tad ! 
MONTEREY, Erno 31 de 1835. 

SE DN JOAQUIN ESTUDILLO, Comandante de S n Francisco de Asis. 


With your official note of the 23d of the ending month, is in my 
possession the general list of the inhabitants of the population of 
[SEAL.] San Francisco de Asis. 

By the law of 23d of May, 1812, which is considered in force, it 
is provided that each pueblo shall have its Ayuntamiento, and 
according to the census of that town there shall be elected one Alcalde, two 
(Regidores) Directors, (y un Sindico Procurador) and one Attorney-General, 
therefore you will dispose hereafter the election to verify the formation of the 
Ayuntamiento with all the rule of the law of 12th June, 1830. 

God and Liberty ! 
MONTEREY, January 31st, 1835. 

SR DON JOAQUIN ESTUDILLO, C te de San Francisco de Asis. 

No. XXIV. 

[California Archives, Vol. VI, Prefecturas and Juzgados, Benicia, 122.] 

Governor Figueroa decides, August 6, 1835, that the distribution of house-lots 
and sowing-lots at Yerba Buena does not belong to the Ayuntamiento. 

JULY 15TH, 1835 F. 
Justice Haro to Governor Figueroa. 


Don Jose Joaquin de Estudillo has presented himself to me, asking permis- 
sion to build his house on the beach (playa) of Terba Buena, the anchorage of 
vessels, and that there be also conceded to him sowing lands. Your Senoria 


will inform me if this Ayuntamiento has authority to permit him to do so, and 
also to concede him lands for cultivation in that vicinity. 

God and Liberty ! 
SAN FRANCISCO DE Asis, July 15th, 1835. 


Reply of Governor Figueroa. 

MONTEREY, August 6th, 1835. 

Let him be answered that the distribution of lands for house-lots and for 
purposes of cultivation, in the place of Yerba Buena, does not belong to the 

No. XXY. 


Expedients relative to the place called Laguna de la Merced, solicited by Jose 

Antonio Galindo. 

August to Sept., 1835. 

Provisionally authorized by the Administration of the Maritime Custom 
House of Monterey, of Upper California, for the years eighteen hundred and 
thirty-four and eighteen hundred and thirty-five. 


Senor Political Chief: 

The citizen, Jose Anto. Galindo, before your Lordship in due form of law 
appears, and exposes that, finding himself with a numerous family, which con- 
sists of his mother, three brothers, and two sisters, he is in need, for their sub- 
sistence, of a tract of land, which is vacant, lying near San Francisco AND 
Dolores (que se aya valdia en las immidaciones de S. Francisco y de Dolores), 
which tract of land is one league in width, and a half league, more or less, in 
length. The corresponding sketch he herewith presents, according to the law 
of the eighteenth of August, 1824 ; wherefore, he prays your Lordship that 
due action be taken on this petition, by which he shall receive a favor. I 
swear it is not in malice, etc. 

SAN FRANCISCO, August 15, 1835. 


MONTEREY, September 5, 1835. 

In conformity with the laws and regulations on the matter, let the Ayunta- 
miento of San Francisco report whether the interested party in this petition 
has the requisite qualifications to be attended to in his petition (informe el 
Ayuntamiento de San Francisco si el interasado obtiene los requisites) ; whether 
the land he solicits is within the twenty border leagues, or ten littoral ones, 
mentioned in the law of the eighteenth of August, 1824 ; whether it is the 
property of any individual, Mission, corporation, or pueblo, and whatever else 
may be conducive to elucidate the matter ; which being done, let the espediente 


(record) of proceedings pass to the Superintendent of the same, in order that he 
may state what he may see proper in the matter. 

D. Jose Castro, first member of the most excellent Territorial Deputation 
and Political Chief ad interim of the Territory of Upper California : thus 
ordered, decreed, and signed, of which I certify. 

(Signed) JOSE CASTRO. [Rubric.] 

In accordance with the superior decree of the fifth of September of the 
present year, which appears on the margin of the petition made by the citizen 
Jose Antonio Galindo, in solicitation of the tract of land La Laguna de la 
Merced, the municipal authorities (Ayuntamiento) of this demarcation reply as 
follows : That the petitioner possesses the qualifications of being a Mexican 
citizen by birth, and of having served the nation in the capacity of a soldier, 
and of being an honest man, and that he supports his mother, an aged widow, 
with other children, contributing by his aid to the support of all, and in the 
preservation of the property which they possess. The land which he solicits is 
not comprehended within the twenty bordering leagues, but it is within the ten 
littoral ones ; but it has belonged to the Mission of San Francisco, from which 
it is distant, to the west, a little more than one league in a straight line. It is 
not farming land, not irrigable, nor is it irrigable farming land, but it is pasture 
land, for it can only be used to raise a small number of cattle at the said La- 
guna, for all the land is sandy, and produces pasture only fit for horses and 
cattle. For the purpose of cultivation it is altogether useless and barren. 

This is all that this corporation can say in relation to the matter to which 
the said superior order refers. 

SAN FRANCISCO, September 10, 1835. 


F. SANCHEZ, Secretary. 

Senor Political Chief, ad interim : 

In obedience to the superior decree of your Lordship, which provides that 
this record of proceedings (espediente) be transmitted to the Superintendent of 
this Mission, in order that he may state what he may see proper, I will say that 
the petitioner possesses the necessary qualifications to be attended to ; that he 
is a Mexican citizen by birth, and has served in the military career. The land 
which he solicits belongs to this community ; it is grazing land ; it is not within 
the twenty bordering leagues, but it is within the ten littoral leagues. 

It is at the distance of a little more than a league from said Mission, and is 
not in the qyupation of the same ; but as the commons (ejidos) which shall 
belong to this place when it shall be constituted into a town (pueblo) are not 
yet designated (pero con motive no estan aun senalados los ejidos 6 propios que 
me parecen quedaran a esta cuando se erije en pueblo), I do not know whether 
the said commons will embrace the said tract of land, and for this reason I can- 
not say with certainty whether the said place may be granted without prejudice 
to this community. 

DOLORES, September 13, 1835. 

(Signed) GUMDO. FLORES. 


Provisionally authorized by the Administration of the Maritime Custom 
House of Monterey, of Upper California, for the year eighteen hundred and 
thirty-four and eighteen hundred and thirty-five. 




MONTEREY, September 22, 1835. 

Let this be transmitted to the Alcalde of this capital, before whom the inter- 
ested party, Don Jose Antonio G-alindo, will produce an information of three 
competent witnesses, who shall be examined upon the following points : 

1st. Whether the petitioner is a Mexican citizen by birth ; if he is a married 
man ; has any children ; and if he is of good conduct. 

2d. Whether the land he solicits is the property of any individual, Mission, 
corporation, or pueblo ; if it is farming, irrigable land, or not irrigable grazing 
land, and what may be its extent. 

3d. Whether he has personal property to occupy it, or can acquire it. 

These proceedings being concluded, the espediente shall be returned for final 
action to Don Jose Castro, first member of the most excellent Territorial Dep- 
utation and Superior Political Chief, ad interim, of Upper California : thus 
ordered, decreed, and signed, which I attest. 

(Signed) JOSE CASTRO. 


MONTEREY, September 22, 1835. 

Fees $4.00. Let the interested party be notified to produce the witnesses to 
be examined on the points comprised in the preceding superior decree ; let the 
required information be taken, and let the record of proceedings be returned to 
the Senor Superior Political Chief, that it may have the due effect. 
In assistance : JOSE M. MALDONADO, E. D. SPENCE. 


On the same date, the citizen Jose Antonio Galindo being present, the fore- 
going order was communicated to him ; and apprised of it, he said that he hears 
it, and that he presents as witnesses Messrs. Francisco Sanchez, Jose Fernan- 
dez, and Guadalupe Barcenos ; and he did not sign this, because, as he said, he 
did not know how ; and I did it with those of my assistance according to law. 


In assistance : JOSE M. MALDONADO, 

Immediately after, the citizen Francisco Sanchez being present, I adminis- 
tered to him the legal oath, which he made according to law, under which he 
offered to say the truth to the extent of his knowledge to the questions that 
should be put to him ; and being asked for his name, state, agjfc country, and 
religion, he said that his name is as above said, that he is a marriea man, twenty- 
nine years of age, a native of San Francisco in Upper California, and Roman 
Apostolic Catholic. 

Being interrogated upon the points prescribed by the superior decree of the 
twenty-second instant, he answered to the first, that he is a Mexican by birth, 
that he has no children, and is not married, and that he is of good conduct ; 
and he answers to the second, that he knows that the lands which the party 
solicits belongs to the Mission of San Francisco de Asis, that it is pasture 
land, and that its extent may be in length one league, and the greatest width 
half a league ; and he replies to the third, that he has farming stock, and pos- 
sesses property ; that all he has said is the truth, under the oath which he has 
taken, which he confirmed and ratified after this deposition was read to him, 
and he signed it with me, and those of my assistance. 


In assistance : FRANCISCO SANCHEZ. 

(Signed) J. M. MALDONADO, 


On the same date, Don Jose Fernandez being present, I administered to him 
the legal oath, under which he promised to answer the truth, to the extent of 
his knowledge, to the question that might be put to him ; and being asked as 
to his name, state, age, country, and religion, he answered, that his name is the 
same before mentioned, that he is a married man, of the age of thirty-six, a 
native of Cadiz, and an Apostolic Roman Catholic. 

Being interrogated to the same points as the preceding witness, he said to 
the first, that the party is a Mexican citizen by birth, that he is not married, 
nor has he any children, and that he is of good conduct ; and he answers to the 
second, that he knows that the tract of land which he solicits belonged formerly 
to the Mission of San Francisco, that he does not know whether at present it 
belongs to the Mission or not, that it is pasture land, and that its extent may 
be three-quarters of a league in length and one- quarter of a league in width ; 
and he replies to the third, that he has personal property to occupy it ; and 
that what he has said is the truth, under the oath he has taken, which he con- 
firmed and ratified after this deposition was read to him, and he signed it with 
me, and those of my assistance. 

(Signed) D. E. SPENCE. 

In assistance : 

(Signed) J. M. MALDONADO, 

Immediately after, I administered the legal oath to the citizen Guadalupe 
Barcenos, under which he promised to speak the truth, to the extent of his 
knowledge, in answer to the questions that might be put to him ; and being 
interrogated as to his name, age, country, and religion, he said, that his name is 
the same before mentioned, that he is a married man, and twenty-three years of 
age, native of San Francisco, and Apostolic Roman Catholic. 

Being interrogated to the same points as the two former witnesses, he said to 
the first, that the petitioner was a Mexican citizen by birth, that he is not mar- 
ried, and is of good conduct ; and he answers to the second, that he knows that 
the land which he solicits belongs to the Mission of San Francisco, but is not 
occupied by the same, that it is only pasturing land, and that its extent may be 
one league in length, and in breadth in some places half a league ; and replies 
to the third, that he has sufficient personal property to occupy it ; and that 
what he has said is the truth, under the oath which he has taken, which he con- 
firmed and ratified after this deposition was read to him ; and he did not sign 
because he said he knew not how, and I did it, with those of my assistance. 
(Signed) E. SPENCE. 

In assistance : 

(Signed) J. W. MALUVUNDE, 

On the same date, the information required being ended, this record of pro- 
ceedings is returned to the same Supreme Political Chief, in compliance with 
what has been prescribed by the preceding decree ; in witness whereof, I note 
it down and affix my rubric. 

R. [L.S.] 

MONTEREY, September 23, 1835. 

In view of the petition with which this (espediente) record of proceedings 
begins the report of the municipal authority of this capital, the testimony of 
witnesses, together with whatever else was thought to the purpose, in conformity 
with the provisions of the laws and regulations on the matter, Jose Antonio 


Galindo is declared owner in full property of the land known by the name of 
La Laguna de la Merced. 

Subject to the conditions that may be stipulated, let the corresponding 
dispatch be issued, and note of it be taken in the respective book, and the 
espediente to be submitted to the most excellent Territorial Deputation for 

Senor Don Jose Castro, first member of the excellent Territorial Deputation 
and Political Chief, ad interim, of Upper California : thus ordered, decreed, 
and signed, which I attest. 

(Signed) JOSE CASTEO. 

MONTEREY, September 25, 1835. 

In session of this day, this espedieute was referred to the Committee on 
Vacant Lands. 

(Signed) CASTEO. 

Due note has been taken upon page 74. 

No. XXVI. 



OCTOBER, 1835. 
The Ayuntamiento of San Francisco authorized to grant building lots. 

( Seal of the Political Government ) 
( of Upper California. j" 

The most excellent Territorial Deputation, in session of the twenty-second of 
September, approved that the AYUNTAMIENTO OF THAT PUEBLO may grant lots 
which do not exceed one hundred varas, for the building of houses in the place 
named Yerba Buena, at the distance of two hundred varas from the shore of 
the sea, paying to the Ayuntamiento the fees which may be designated to him 
[it ? que se la senale] as pertaining to the propios and arbitrios, and being 
subject to observe the order for forming the town in lines, [en linea de major 
policia] in accordance with the ordinance regulating the Police, which I com- 
municate to you that you may make it known to the inhabitants of that 
PUEBLO, in order that they may not apply with their memorials to this 
Political Government, as it is one of the favors which the Ayuntamiento can 

God and Liberty ! 

MONTEREY, October 27, 1835. 


Senor Alcalde de Saf Francisco de Asis. 





Summons to the Mayordomo of the Mission of Dolores to settle the boundaries 
of the Buri Buri Rancho, November 2d, 1835. 

Nov. 2o, 1835 SANCHEZ RANCHO. 


Having to give possession to Don Jose Sanchez of the Eancho Buri Buri 
and the lands which pertain to it, according to the title of concession, which he 
has presented, and the plat (diseno) accompanying it, and he (esta parte) having 
already appointed his surveyor, according to previous arrangement, it remains 
for you, as the party in charge of that pueblo (ese pueblo) and community, and 
the only co-terminous neighbor (unico colindante) of Don Jose Sanchez, to pro- 
ceed to appoint also your surveyor, who must appear before this Tribunal 
(Juzgado) to-morrow morning at eight o'clock, in order that he and the other 
surveyor appointed by said Senor Sanchez may accept the appointment, and 
take an oath to execute this commission faithfully, according to custom ; con- 
sequently it will remain for me to appoint the day and hour when, with the 
assistance of all, I shall cause the said admeasurement and possession of the said 
Don Jose Sanchez to be perfected. 

God and Liberty ! 

SAN FRANCISCO, November 2d, 1835. 


To the Mayordomo of the Pueblo of Dolores, 




Mexican decree of the 1th November, 1835. 
[Halleck's Kep. App. 16; Jones's Report, page 63, No. 14; 1 Rockwell, 462.] 

The President ad interim of the Mexican republic to the inhabitants thereof. 
Know ye that the General Congress has decreed the following : 

" Until the curates mentioned in the 2d article of the law of August, 1833, 
shall take possession, the government will suspend the execution of the other 
articles of said law, and maintain things in the state they were in before said 
law was enacted." 


No. XXIX. 


May to December, 1835. 


[An eminent specimen of the "circumlocution" or official style of translation as 

practiced by strangers to both languages.] 
To H. E. the Governor : 

The residents in the adjoining Ranchos of the North, now belonging to the 
jurisdiction of the port of San Francisco, (el vecindario de los Ranches del 
Norte, pertenciente a la jurisdiccion del puerto de San Francisco,) with due 
respect to Y. E. : That being so great detriment and on seeing the evils result- 
ing from belonging to this jurisdiction, whereby they are obliged to represent 
to Y. E. that it causes an entire abandoning of their families for a year to 
those who attend the Judiciary functions and others who are called and are 
obliged to cross the Bay, properly speaking, for to go to such a port by land, 
we are sure there are more than 40 leagues on going and coming back, and to 
go by sea we are exposed to be wrecked ; and as to abandoning our families, as 
above stated, it is evident that they will remain [without] protection from the 
malevolent persons, the detention and loss of labors and properties, being 
exposed to injury by animals ; although there is no lodging to be had in that port, 
where for a year an Ayuntamiento should be, with their families, after making a 
heavy transportation of necessary provisions for the term of their employment : 
wherefore, in view of the above statement, they pray Y. E. to be pleased to 
allow them to belong to the authority of this Town (pueblo) of S. Jose, recog- 
nizing a Commission of Justice, that this may correspond to that of the said 
San Jose as Capital, regarding the inhabiting, in these Ranchos the majority of 
the Vicinity and families. 

Wherefore we humbly pray Y. E. to accede in favor of the parties interested 
a favor that we hope to receive. 

May 30, 1835. 















The residents of the adjoining Ranchos of the North, petition that they be 
exempted from belonging to the jurisdiction of San Francisco on account of 


the long distance, where they live, and great detriment resulting from causes as 
stated. They pray that they may be allowed to belong to the jurisdiction of 
the Town (pueblo) of San Jose Guadelupe, it being near [nearer] their places, 
(mas inmediato). 

MONTEREY, Augt. 12th, 1835. 
Let it be kept to be reported to the Deputation. 

SEPT. 1st, 1835. 

On this day the same was reported and referred to the Committee on Gov- 
ernment. CASTRO. 

Most Excellent Sir : 

The Committee on Government being required to report upon the memorial 
which the parties subscribed thereto made to the Political Chief on the 30th 
day of May last, finds that the said memorial is grounded upon good reasons 
and public convenience, but as the subject should be considered upon proper 
reports for a due determination, the Committee is of opinion that the reports of 
the Ayuntamientos of the Towns of San Jose and San Francisco (los Ayunta- 
mientos cle los PUEBLOS de San Jose y San Francisco) are required for that 
purpose. Therefore the Committee offers for the deliberation of the most Excl. 
Deputation the following propositions : 

1st, That this Espediente be referred to the Ayuntamientos of the Towns of 
San Jose and San Francisco, (los Ayuntamientos de los PUEBLOS de San Jose y 
San Francisco) in order that they report upon .said memorial. 

2d. That after which the same be returned for determination. 

MONTEREY, Sept. 5, 1835. 



MONTEREY, Sept. 10th, 1825. 

At the Session of this day the Most Excellent Deputation has approved the 
two propositions made in the report of the Committee on Government. 


MONTEREY, Sept. 28th, 1835. 

Let this Espediente be forwarded to the Ayuntamiento of the Town (pueblo) 
of San Jose Guadelupe for a report upon the prayer of the foregoing memorial 
and to that of San Francisco, (AL de San Francisco) for the like purpose. 

The Ayuntamiento of the latter Town will moreover give a list of the resi- 
dents of the vicinity of the same, (uu padron de los vecinos de ese Pueblo). 

Don Jose Castro, senior member of the M*. Excellent Territorial Deputation 
and Superior Political Chief of the Upper California, thus commended, decreed 
and signed this which I attest. 



In pursuance of the foregoing Supr. Order of Y. E., this Ayuntamiento begs 
to state the following : That with regard to the residents on the Northern 
Vicinity, now under the jurisdiction of San Francisco, and who in their memo- 
rial prayed to be exempted from belonging to that jurisdiction owing to most 
notable detriment occasioned to them now and then from having indispensably 
to cross the Bay or to travel upwards of 40 leagues, while on half their way 
they can come to this Town, (pueblo) under the jurisdiction of which they for- 


merly were, which was most suitable and less inconvenient to them this Ayun- 
tamiento thinks that their prayer should be granted if it is so found right. 


In pursuance of the direction in the Superior decree of the Political Chief 
ad interim, dated the 28th day of September of the present year, and issued 
on that day upon the memorial made by the residents and the adjoining Ranchos 
of San Pablo and San Antonio, the Ayuntamiento of San Francisco (el Ayun- 
tamiento de San Francisco) begs to state the following : 

That in the opinion of the said Ayuntamiento the reasons assigned by the 
memorialists from being exempted from belonging to this jurisdiction are frivo- 
lous ; for what evils and detriments can result to them ? Which are the evils 
and detriments they have actually suffered ? And again, when then they will 
voluntarily make at least a little sacrifice for the good of their country ? What 
excitement can move them for the aggrandizement of the same ? How are 
they sure that only those of those Ranchos will be called to function in the 
Ayuntamiento for a year, and even taking it for granted that it is so, are they 
the first who, to fulfil the duty of good citizens, leave their home, and family, 
and interest ? And yet, can they compare a service to be done by traveling 40 
leagues, as they state, and leaving their private business for some days, months, 
or even the whole year, with that of others, who, for the like purpose of serv- 
ing their country, have traveled of leagues in the interior of the Republic to 
go where they are called by law ? there have been several others of this very 
Territory, who, as electors, have left their homes, family, and interest, have 
traveled from San Francisco to San Diego, and other deputies to the General 
Congress have done the same from the Upper California to Mexico ; and how 
many are expected to make equal sacrifices for such a permanent interest of the 
public good and aggrandizement of the nation, of those who are to be terrified 
with most evident dangers of the sea, and traveling by land to the place where 
they are required by law to be. 

The memorialists believe that only their private interest and family deserve 
their particular attention and appreciation, and that the constitutional laws 
have dispensed with or exonerated them from suffering as other wives and sons 
by the same laws willingly, as when their husbands, fathers, and brothers, or 
rather their benefactors, engage themselves in service of the country but surely 
another kind of patriotism and public spirit move and excite this kind of ser- 
vants or citizens. 

The memorialists further say that they are exposed to be wrecked, for the 
place of their residence is beyond the sea, from where they have to come over 
in case they are appointed to aid in the Ayuntamiento : which are those Peraltas 
and Castros that have been wrecked on attending to their business affairs every 
time that any vessel comes to anchor in the Bay of Yerba Buena [?] Or how 
are they sure that wreck will only wait them when they are called to attend the 
service of their country ? (Llamados por la ley hacer alguno servicio a su 
pueblo.) The fact is, that up to this time no such event has ever been heard or 
known of having occurred said gentlemen or others, on going on board of vessel 
in the Bay, or coming over to the Presidio. 

They further say that there is no lodging to be had in the Presidio, where they 
could live for a year ; if they are required to attend the Ayuntamiento, which 
is untrue, (although allowing them to say so) for they depart from truth and 
purity, which they ought to have before an authority (as likewise to put in their 
memorial the names of other persons who did not know it, which can be referred 


to them,) for it is evident that the commandant of the Presidio found residences 
to the officers of the present Ayuntamiento, as soon as the same was installed. 
In conclusion, Sir, the land or coast where the memorialists live, had belonged 
to the jurisdiction of the Presidio since the former time, as besides the Bay of 
San Francisco is the one forming that of the same port; the Kanchos of Castros, 
which lies in the front of the same Presidio, (a little to the north) is only dis- 
tance by sea scarcely two leagues, and that of Peraltas on the west, a little 
more than two leagues, which was undoubtedly the fact and principles upon 
which the Honorable Deputation grounded its resolution of the latter part of 
1834, (depending upon that vicinity to proceed to the formation of the Ayun- 
tamiento (reporting to the Supreme Government and the Commanding General 
and Political Chief, being then the late Don Jose Figueroa, supported by the 
same reasons to as the corporation (la corporacion) proceeded to the complying 
of the resolution) thus ordering the commandant only of San Francisco by as 
besides the said late Jose Figueroa had to cause the limits of the jurisdiction 
of San Francisco to be marked out (although for the time being) as proved by 
his official note now in this archive, that portion of land and vicinity was also 
incorporated. All this is brought to the superior knowledge of your Excellency 
in order that, notwithstanding the above statement, Y. B. may direct what may 
be deemed proper on the subject. 

PORT OF SAN FRANCISCO, Dec. 20, 1835. 



No. XXX. 



Election of Electors of the Ayuntamiento in the Pueblo of San Francisco, IN 
DECEMBER, 1835 FOR 1836. 

In the PUEBLO of San Francisco de Asis, on the 13th day of the month of 
December, 1835, the Municipality of this Demarcation in the Plaza of said 
PUEBLO. The corresponding call being previously made by billets by its con- 
stitutional Alcalde, for the purpose of holding the primary junta to elect nine 
electors, which correspond according to the number of inhabitants of this sec- 
tion, and the said constitutional Alcalde having begun the matter as President, 
the said election took place by means of billets, which were successively pre- 
sented, all the citizens concurring ; which being made public by the Secretary, 
who was also the Secretary of the Ayuntamiento, they in continuation took 
notes, from which there resulted by majority for electors. Citizens Bartolo 
Bajorques with 16 votes; Jose de la Cruz Sanchez, 14; Felipe Briones, 14 ; 
Gabriel Castro, 13 ; Manuel Sanchez, 11 ; Francisco Sanchez, 11 ; Ygnacio 
Peralta, 11 ; Joaquin Estudillo, 11 ; Candalario Valencia, 10 ; who were offi- 
cially notified, and understood their appointments, and were to meet on Sunday, 
the 27th of the present month, in order to hold the electoral Junta, for the 
election of Alcalde, second Regidor, and Sindic Procurador, for the following 
year of 1836 ; and the act being concluded, the Junta dissolved, and the 
President and Secretary signed. 




No. XXXI. 


Espediente of De Haro for the Rancho San Pedro. 

MARCH 7TH, 1836. 
Seal of the Third Class. Two Reales. 

Provisionally authorised by the Maritime Custom House of Monterey of 
Upper California, for the years 1834 and 1835. 

To the Superior Political Chief: 

Francisco de Haro, appears in due form before your worship, and represents, 
that in consideration of having, more than a year since, presented himself to the 
Superior Power of the Territory, soliciting the grant of the tract of land of 
San Mateo, or San Pedro, or El Corral de tierra on the coast, (either one or 
the other) ; having in view the fact that the first is occupied by the Indians of 
the Pueblo of Dolores for the purpose of cultivation, and the third also oc- 
pied by the cattle of the same Pueblo, and being well satisfied, as has been 
well known for many years, that the tract of San Pedro is vacant and un- 
occupied, he therefore presents himself to the kindly consideration of your 
worship, soliciting that by virtue of your power you will grant to him the 
aforesaid tract of San Pedro, its extent being two leagues from North to South 
(according to the map which accompanies this) , so that he may place thereupon 
the stock that he possesses, this being sufficient for the place. 

Wherefore he solicits of your Excellency the said favor, which is just, not 
sought through malice, is necessary, etc. 

Port of San Francisco, 22d of November, 1835. 


In conformity with the superior decree of your worship, commanding the 
Administrator of this Mission to report with regard to this expediente, I have 
to say, that the petitioner possesses the requisite qualifications, being a Mexican 
citizen by birth. The land that he solicits belongs to this community, is pasture 
land, suitable for crops, and irrigable ; it is not included in the twenty leagues 
(limitrofes) but in the ten literally ; it is a little more than four leagues distant 
from this place and is now occupied by horses, being the most convenient spot 
for this place, and the coast, it serves as a middle point for the use of both ; 
moreover the common lands (ejidos y propios) which I think will belong to 
this place, after it shall have become a Pueblo, have not yet been designated. 

It is certain that the said community has always occupied the land, and 
everything is as I have stated it. 

San Francisco de Asis, March 7, 1836. 


MONTEREY, March 14, 1836. 

In view of the preceding report, the petitioner's request cannot be granted. 
Let him be notified to that effect, and the espediente recorded in the archives. 
Senor Don Nicolas Gutierrez, Political Chief (ad interim) of the Territory, 
thus orders, decrees, signs and duly attests. 

NEGRETE. Secretary. 


At the same date the party interested was duly notified by means of a 



Order for the Resurvey of the Buri-Buri Rancho. 
MARCH 15TH, 1836. 



[SEAL.] Under this date I have written as follows to the constitutional Alcalde 
of the Port of San Francisco, [al Alcalde Constitutional del Puerto de San 

" By the proceedings heretofore had in regard to the possession held by the 
' Indians who occupy the tract of land lying between the first willow-grove 
' (el primer sausal) and San Mateo, contiguous to the Rancho of Buri-Buri 
1 which belongs to Don Jose Sanchez, it appears that these Indians are in 
' lawful possession of this tract of land, according to the distribution which was 
1 made conformably to the Regulation of Secularization. But having pro- 
;< ceeded to the survey of four leagues of land granted by the Government to 
' Don Jose Sanchez in the place called Buri-Buri without prejudice to the co- 
' terminous neighbors (los colindantes) , the result is that in order to complete 
* the said four leagues of land they have measured as far as ' Laguna de las 
' Salinas,' including within these boundaries the lands occupied by these 
' Indians. For this reason the survey is wrongly made, because it has intruded. 
' into the lands of strangers and, consequently, another survey should be had, 
' completing the four leagues of land in some other direction (por otro rumbo) 
' as may be most suitable, leaving free the lands which the Indians now occupy, 
1 and without causing damage to any other co-terminous neighbor." 

This I transcribe for your information, at the same time notifying the person 
who occupies the land in question that there shall be marked out to him the 
portion of land which belongs to him, in order to prevent controversies, and 
that every one may know what his boundaries are. 

Dios y Libertad ! 

Monterey, March 15, 1836. NICOLAS GUTIERREZ, 

Senor Administrator de San Francisco de Assis. 



March 1836. 

Constitutional Ayuntamiento of Monterey. 

On the 5th of December last, the Ayuntamiento of this port stated to your 
Antecessor (predecessor) as follows : 



" In session of the 5th of this month, the Ayuntamiento approved of the 
proposition made by the Committee on Vacant Lands, in the report made by 
them in the espediente containing the petition of Gabriel Espinosa for a (solar) 
town lot, for building and laboring purposes, in a spot that belongs to the 
(ejidos) common lands, which proposition says " let inquiry be made (by means 
of an oficio) of the Superior Political Chief, whether it is his duty to grant the 
lands referred to, or whether it solely belongs to the Ayuntamiento to dispose of 
their common lands." In accordance with this decree, I call upon -your wor- 
ship's attention to the matter, renewing the assurances of my respect :" 

And as up to date, no answer has been received, and as the expediente, con- 
taining the petition of the said Espinosa, which gave rise to this consultation, 
has been impeded, together with other proceedings of the same nature, the 
Ayuntamiento decided to transmit this to your worship, that you might advise 
them as to the matter ; wherefore I now do so, renewing the assurances of their 



To the Superior Political \ 
Chief of the Territory : \ 

MONTEREY, Jan. 19, 1836. 

Let this be transmitted to the Assessor Attorney General of the Territory, 
for his report. 


To the Ayuntamiento : 

It appears that Ramon Estrada, in soliciting the place called del toro, made 
his application to the Government, and the same course was taken by Juan 
Antonio Munos with respect to the land called " La puerta del rey i Nacional," 
both of which are included in the limits of this Port. 

If Senor Espinosa solicits a town lot, for building a house, and land for culti- 
vation, under a lease for a limited time, the Corporation may grant it to him ; 
but if he desires the absolute ownership of the same, he must take the same 
course as the others above mentioned. Notwithstanding, the vote of the Ayun- 
tamiento has passed to the Assessor's office, and I am waiting to inform you of 
the reply. God and Liberty. 

MONTEREY, Jan. 19, 1836. 


Ttte Ayuntamiento of this Port : 

MONTEREY, Jan. 23, 1836. 

In session of to-day the Ayuntamiento decided to suspend the discussion 
relative to common lands (ejidos) until the arrival of the " Consulta" and the 
report thereupon. 



Senor Political Chief: 

The power inherent in the Territorial Political Chiefs, with respect to grant- 
ing lands, should only apply to such lands as can be granted for the purpose of 
colonization, and which do not belong to any private individual or corporation ; 
and, as the (ejidos) common lands, as well as all lands belonging to the " fundo 
legal," are the absolute property of the Ayuntamieuto, it is clear that, when 


such lands are in question, there should be no intervention whatever on the part 
of the Political Chiefs. The law, 4 title 16, lib 7, of the Novisima Recopi- 
lacion, confers upon the Ayuntamientos of Municipalities the management of 
the lands of their fundos, and consequently authorizes them to lease them, put- 
ting them up at public auction, and advertising them by the public crier for 
nine days, afterwards appointing the day for their auction, and adjudging them 
to the best and highest bidders, provided that they shall not be persons pro- 
hibited by law 7, tit. 9, of the books aforesaid (who are " all the members of 
the Ayuntamiento. including its Secretary ") which lease shall endure for five 
years, in accordance with the Koyal Resolution, published in Council on the 
*27th of May, 1763, which revoked in this respect the instructions given by 
Charles the Third, for the Administrative Government of the property belong- 
ing to the " propios and arbitrios " of the Ayuntamientos, in which it was only 
permitted to lease for one year. 

By virtue of which the Assessor General of the Courts of 1st Instance of 
the Territory, gives, as his opinion, that your Excellency may return the present 
consultation to the noble Ayuntamiento, whence it proceeded, in order that, if 
it meets with your approbation, that body may submit itself to the aforesaid 
Supreme Resolutions. 

MONTEREY, Jan. 20, 1836. COSURE PENA. 

In my former official note I promised to return you an " oficio," with the 
opinion of the Senor " Asesor," into whose hands it passed. This being ready, 
I transmit it to you, in company with the following declaration relative to the 

The Pueblos that have their Jurisdictional, but not their Municipal Boundary 
defined, should (by means of the Political Government) send their petition to 
the Deputation ("which petition will be granted by that body ; for this purpose 
an exact map of the tract petitioned for must be enclosed, as was done in the 
last year, by this illustrious corporation, when it solicited that its municipal 
boundaries might be defined. The municipal termino having been defined, and 
the expenses of the Ayuntamiento being high, it may solicit, through the same 
channel, that within the boundary assigned, certain lands may be assigned to it 
as " propios," and the Ayuntamiento may propose, in their petition, those which 
appear to be the most appropriate. To this effect it will annex to its petition 
a general account, including both its petty and extraordinary expense, graduated 
for the term of five years, so that the Deputation and Political Chief, being 
satisfied with them, may grant the petition. The " termino municipal " and 
the " terreuos propios " having been defined, the Ayuntamiento may define or 
assign that which it requires for " ejidos." It results that there is a great dif- 
ference in the significations of " Termino Jurisdiccional" " Jurisdicion" " Ter- 
mino Municipal," ' Terrenos de propios," and " Ejidos." 

For your better comprehension I will make a brief explanation : 

By " termiuo Jurisdiccional," " Jurisdiccion," " Partido," or " Distrito," is 
understood all that is comprised within the limits, to which the jurisdiction of 
the Alcalde or Judge of the Pueblo extends. 

By " termino Municipal," that land, which has been assigned to the Pueblos 
for the relief of their herds, within which neither the cattle nor inhabitants of 
neighboring pueblos can enter, for the purpose of grazing or cutting wood, 
without being denounced, unless they have some letter of commonalty. 

The " terrenes de propios " are lands assigned to the Ayuntamiento, so that, 
by leasing them to the best bidders, for a term not exceeding five years, they 
may defray their expenses by the proceeds ; and the Ayuntamiento may propose 
the amount of rent, mentioning it in the petition which is presented. The lands 
that remain, after the assignment of the " propios," and that are not granted 


to any person, remain as vacant lands, at the disposal of the government ; and 
as to those granted and confined within the " termino Municipal," a " censo " 
may be imposed upon them by assigning them as " de Propios," care being 
taken that all be conformable to the " reglamento of propios." 

And by " Ejidos," are understood lands that are immediate to, and in the 
circumference of the Pueblo, which serve both for the relief and the convenience 
of the inhabitants, (poblacion) who may keep therein a few milch cows and 
horses for their use, and to form walks or alleys which may adorn the entrance 
of the place, so that the ejidos may have a quarter or a half league around the 
town, which is sufficient for its ventilation, and the Ayuntamiento may dispose 
of these lands for building lots. 

If any further doubt should occur you may consult me upon the matter, so 
that everything may be duly explained. God and Liberty ! 

MONTEREY, Jan. 25, 1836. 

To the Illustrious Ayuntamiento of this Port. 

MONTEREY, Jan. 30, 1836. 
In session of to-day, this was referred to the Committee on Lands. 


Illustrious Ayuntamiento : 

The committee on vacant lands (valdios) have duly considered the <: consultar " 
that the illustrious Ayuntamiento submitted to the Political Chief, and the re- 
port as to how this corporation should act with regard to its propios and ejidos, 
and the committee cannot, beyond a doubt, approve of any other course than 
that minutely set forth in the report of the Political Governor, of January 25 

The Committee, therefore, submits to this illustrious body the following 
proposition : 

That the expediente pass to the proper committee, that it may proceed to the 
formation of a general account of the expenses of the Municipality, in the 
forms prescribed by the Political Governor in his report of the 25th of Janu- 
ary last. 

MONTEREY, March 11, 1836. 


Sonifaciode \ 

Madariaya j MONTEREY, March 21, 1836. 

In session of to-day, the Illustrious Ayuntamiento approved of the following 
proposition : 

1st. It approves of the proposition which concludes the foregoing report of 
the committee. 

2d. Therefore, let the expediente pass to the Committee of Finance " (de 
contaduria)" in connection with those of" Arbitrios " and " Yaldios," (vacant 
lands) in order that the first and second may set forth the expenses of this mu- 
nicipality, and that the third may prepare the maps of the lands to be solicited 
as " propios " of this pueblo and frame the petition to be presented to the 
Excellent Territorial Deputation. And by virtue of and in compliance with 
this decree, let the expediente pass to the aforesaid committees, who are re- 
quested to give the matter their prompt attention and report thereon as speedily 
as possible. 






[Exhibit Y Z in the case.] 
Most Illustrious Ayuntamiento : 

William Richardson, a citizen! and resident of this Port, in due form repre- 
sents that he is resolved to establish himself in Yerba Buena, and for that effect 
requires to build a house, for which he applies to your Superiority, by using 
your faculties to deign to grant him a lot of one hundred varas square, in 
Yerba Buena, in front of the Plaza and anchorage of the ships. 

For which effect I request that you will deign to grant this my petition, 
which is on common paper, there being no stamp as corresponds. 

SAN FRANCISCO, June 1, 1836. 

(Signed,) WM. RICHARDSON. 

This Corporation being satisfied of the good services that the party request- 
ing has rendered to this jurisdiction since his arrival in this country, with his 
different trades as bricklayer, surgeon and carpenter, and having married one 
of the first in the country, and that the said party has resolved to follow his 
good conduct, this Corporation has concluded to grant to Mr. William Rich- 
ardson the lot of one hundred varas square, which he requests in Yerba Buena, 
so that he may establish himself there with his family. 

Date as above. 


Alcalde Constitutional. 

No. XXXV. 


December M, 1837. 

In the Pueblo of San Francisco de Asis, on the third day of the month of 
December, one thousand eight hundred and thirty-seven, the municipality of 
this comprehension being assembled in the plaza of said Pueblo, for the pur- 
pose of celebrating the " Junta primaria," according to custom and the laws 
on the matter ; the act of voting having first taken place for president, secreta- 
ries, and the corresponding inspectors, and consequently the first in continuation 
(proceeded) to take the votes, according to the order of the tickets previously 
distributed by the committee appointed for this purpose, and in conclusion of 
every act. The regulation of suffrages being made, it resulted in favor of each 
one of the citizens present ; from it then resulted electors by the majority of 
votes given, citizen Francisco Guerrero with 29 votes, Francisco de Haro with 
26, Vicente Miramontes with 21, Antonio Maria Peralta with 20, Jose An- 
tonio Alviso with 17, Juan Bernal with 16, Leander Galindo with 15, Juan 
Cornelio Bernal with 14, Domingo Sais with 13, which was made known to 
them for their information, by means of an official letter which will serve them 
for credentials, and this act being concluded, the Junta was dissolved, and there 


was recorded officially all that had been done, which was signed by the presi- 
dent, secretaries and inspectors, this day of its date. 







In the Pueblo of San Francisco de Asis, on the eighth day of the month of 
January, one thousand eight hundred and thirty-eight, the electors of this mu- 
nicipality, citizens Francisco de Haro, Francisco Guerrero, Antonio Maria 
Peralta, Jose Cornelio Bernal, Jose Antonio Alviso, Juan Bernal, Leandro 
Galendo, Domingro Sais and Yincente Miramontes, being assembled in the 
Constitutional Hall of said Pueblo to celebrate the secondary Electoral Junta, 
the reading of the Act of the previous Sunday the 3d (inst.), was proceeded 
to, and having been approved in continuation (they proceeded) to the appoint- 
ment of the committee to examine the credentials of said Senores, which were 
also approved ; in continuation the voting for Alcalde was commenced by 
means of tickets, and the computation of votes being made, citizen Francisco 
de Haro resulted (elected) by a majority of four votes ; for which reason, and 
because no objection was presented against the person elected, he remained in 
effect elected Alcalde for the present year of 1838. In continuation they pro- 
ceeded to vote for 2d Regidor, and being performed in the same terms as the 
preceding, and the computation of votes made, citizen Domingo Sais received 
the majority of four votes, wherefore he was elected 2nd Regidor ; in continua- 
tion the voting was continued for " Sindico Procurador," in the same form as 
those before appointed, and from it resulted citizen Jose Rodriguez, uniting the 
majority of five votes, and in effect he was elected " Sindico." Lastly, having 
asked if there was any objection against any of those elected, and none having 
been presented, they were approved, and the whole act was considered as con- 
cluded, and it was recorded officially, which the President and Secretary signed 
this day of its date. 






[Exhibit W in the Case.] 
To the Military Commandant : 

Apolinario Miranda, a Corporal of Squadron of the Company of San 
Francisco, comes before your Excellency and presents himself by means of this 
writing, and states that he is about leaving the service and he is desirous of es- 


tablishing himself and family in the Presidio, and finding that you have the 
power to grant lots, he requests that you will grant to him the lot known as the 
" Ojo de Figueroa," where he has provisionally built a house. 

To which effect he humbly begs that you will attend to his request, by which 
he will receive a favor and justice. 

Presidio of San Francisco. 


SAN FRANCISCO, November 16, 1838. 

I hereby grant unto the party interested the lot he requests, as regulated by 
laws, and it comprises one hundred varas square. 




[Halleck's Rep. App. 17; 1 Rockwell 462; Jones' Report, page 66 ; App. 17.] 

The fact of there not having been published in due season a set of regula- 
tions, to which the management of the administrators of the missions ought 
to have been subject from the moment the so-called secularization was attempted, 
having caused evils of great transcendency to this Upper California, as these 
officers, authorized to dispose without limit of the property under their charge 
do not know how to act in regard to their dependence upon the political govern- 
ment and that of the most excellent department junta, not being at present in 
session to consult with respecting the necessary steps to be taken under such 
circumstances, since the regulations of said secularization neither could nor can 
take effect on account of the positive evils attending the fulfilment thereof, as 
experience itself has demonstrated, has induced this government, in considera- 
tion of the pitiful state in which said establishments at present are, to dictate 
these provisional regulations, which shall be observed by said administrators, 
who will subject themselves to the following articles : 

ARTICLE 1. All persons who have acted as administrators of missions will, 
as soon as possible, present to the government the accounts corresponding to 
their administration for due inspection, excepting those persons who may have 
already done so. 

ART. 2. The present administrators who, at the delivery of their prede- 
cessors, may have received said documents as belonging to the archives, will 
return them to the parties interested, who, in virtue of the foregoing article, 
will themselves forward them to government, they being solely responsible. 

ART. 3. Said officers will likewise remit those belonging to their adminis- 
tration up to the end of December of last year, however long they may have 
been in office. 

ART. 4. Said officers will remit, as soon as possible, an exact account of 
the debts owing by and to the missions which at different times have been 

ART. 5. Under no title or pretext whatsoever shall they contract debts, 
whatever may be the object of their inversion, nor make sales of any kind 
either to foreign merchants or to private persons of the country, without the 
previous knowledge of government, for whatever may be done to the contrary 
shall be null and without effect. 


ART. 6. The amounts owed by the establishments to merchants and private 
persons cannot be paid without an express order from government, to which 
must likewise be sent an account of all such property of each mission as it has 
been customary to make such payments with. 

ART. 7. Without previous permission from said government, no kind of 
slaughtering of cattle shall take place, except what is necessary for the main- 
tenance of the Indians, and the ordinary consumption of the house ; and even 
with respect to this, the persons in charge will take care that, as far as possible, 
no female animals be killed. 

ART. 8. The traffic of mules and horses for woolen manufactures, which has 
hitherto been carried on in the establishments, is hereby absolutely prohibited ; 
and in lieu thereof, the persons in charge will see that the looms are got into 
operation, so that the wants of Indians may thus be supplied. 

ART. 9. At the end of each month, they will send to government a state- 
ment of the ingress and egress of all kinds of produce that may have been 
warehoused or distributed, it being understood that the Indians at all times are 
to be provided for in the customary manner with such productions ; to which 
end the administrators are empowered to furnish them with those which are 
manufactured in the establishment. 

ART. 10. The administrators will in this year proceed to construct a build- 
ing, on account of the establishment, to serve them for habitation, and they 
may choose the locality which they may deem most convenient, in order that 
they may vacate the premises which they now occupy. 

ART. 11. They shall not permit any individual of those called de razon 
(white people) to settle themselves in the establishments while the Indians 
remain in community. 

ART. 12. They will at an early period present a census of all the inhabit- 
ants, distinguishing their classes and ages, in order to form general statistics ; 
and they will likewise mention those who are emancipated and established on 
the lands of said establishments. 

ART. 13. The establishments of San Carlos, San Juan Bautista, and 
Sonoma are not comprehended in the orders of this regulation. The govern- 
ment will regulate them in a different manner ; but the administrators, who at 
different times may have had the management of their property, will be subject 
to the orders contained in articles 1 and 2. 

ART. 14. They will likewise remit an account of all persons employed under 
them, designating their monthly pay, according to the orders which may have 
been given, including that of the reverend padres, with the object of regulating 
them according to the means of each establishment ; and these salaries shall 
not be paid now nor hereafter with self-moving property ; (cattle). 

ART. 15. The administrators will, under the strictest responsibility, fulfil 
these orders, with the understanding that, in the term of one month, they shall 
send the information required of them. 

ART. 16. Government will continue making regulations respecting every- 
thing tending to establish the police to be observed in the establishments, and 
the manner to be observed in making out the accounts. 

ART. 17. For the examination of these accounts, and everything thereto 
relating, the government will appoint a person with the character of inspector, 
with a competent salary, to be paid out of the funds of said establishments ; 
and this person will establish his office where the government shall appoint, and 
have regulations given therefor in due time. 






Juan Baptiste Alvarado, Governor ad interim, of the Department of the Cali- 

fornias : 

Whereas, it has become necessary to give due fulfilment to the law of No- 
vember 30th, 1836, sent in the last mail by the Supreme Government for its 
observance in the Department, directing its proper fulfilment, and that the 
elections be commenced for the organization of the Constitutional system, and 
desirous that in conformity to it there be established the authorities who are to 
act, I have ordered that for that object there be observed, in this Alta Califor- 
nia, the following articles : 

1st. The Constitutional Elections will be proceeded with conformably to the 
law of November 30th, 1836. 

2d. These elections will commence the first Sunday of next March, and will 
terminate the third of the same month. 

3d. According to the order which the Towns hold, there will be named an 
elector for each one of the following : San Francisco, San Jose, Villa of 
Branceforte, Monterey and Santa Barbara, Los Angeles, and San Diego. 

4th. In accordance with the foregoing article, the Port of San Diego will 
recognize the city of Los Angeles as the head (cabecera) of Partido ; the Villa 
of Branceforte, Monterey ; and the frontier of the north of San Francisco, 
the Port of that name. 

5th. This government will place itself in agreement with the Political Chief 
ad interim, of Baja California, in order that directing the corresponding elections 
in these towns (pueblos) full compliance may be made with what is directed by 
the laws. 

And that it may come to the notice of all, I order that it be published by 
proclamation, and be posted in the usual public places. 

SANTA BARBARA, January 17, 1839. 


[The following endorsement is on the outside of the within document :] 
I transmit to you this proclamation to which official communication of the 
17th of January, 1839, refers, and to which I annex it ; in orcier that being 
advised of its contents you may return it to me to record it. 


To the person in charge (Sor Encargado) of Contra Costa, Citizen Yg" 


SIONS, MARCH, 1839. 

Regulations of Governor Alvarado respecting the missions of California, obli- 
gations of the mayordomos, inspectors, fyc., dated March 1, 1840. 
[Halleck's Rep. App. 18 ; 1 Rockwell, 466 ; Jones' Report, page 68 ; Appendix, 18.] 
Experience having proved in an undoubted manner that the missions of 

Upper California, for want of regulations organizing the management of the 


persons in charge of them, have in a short time suffered reverses and losses of 
great moment, the many abuses which were found to exist in the administra- 
tion of the property of said missions obliged this government to issue the 
regulation of 17th January last year ; but as it has been found that those have 
not been sufficient to root out the evils which are experienced, particularly on 
account of the high salaries with which the establishments are burdened, and 
which they cannot support, and being desirous to establish economy and a 
regular administration until the supreme government determine what it may 
deem proper, I publish the present regulations which are to be strictly observed : 

ARTICLE 1. The situations of administrators in the missions of Upper 
California are abolished, and in their stead mayordomos are established. 

ART. 2, These mayordomos will receive the following salaries : Those of 
San Diego and San Juan Capistrana, $180 ; those of Santa Barbara, San 
Luis Obispo, San Francisco de Asis, and San Kafael, $240 ; those of San 
Buenaventura, La Purissima, San Miguel, and San Antonio, $300 ; those 
of San Fernando and Santa Frues, $400; those of San Luis Rey and 
San Gabriel, 420 ; the one of Santa Clara, 480 ; and the one of San Jose 

ART. 3. The former administrators may occupy said situations, provided, 
that they be proposed in the manner pointed out by these regulations. 

ART. 4. The situation of inspectors and the office established agreeable to 
the 17th article of the regulations of the 17th of January last year, shall 
continue, with a salary of $3,000 per annum, and his powers will be hereafter 


ART. 5. To take care of everything relative to the advancement of the 
property under their charge, acting in concert with the reverend padres in the 
difficult cases which may occur. 

ART. 6. To compel the Indians to assist in the labors of the community, 
chastising them moderately for the faults they may commit. 

ART. 7. To see that said Indians observe the best morality in their manners, 
and oblige them to frequent the church at the days and hours that have been 
customary, in which matter the reverend padres will intervene in the manner 
and form determined in the instructions given by the inspector to the admi- 

ART. 8. To remit to the inspector's office a monthly account of the produce 
they may collect into the storehouses, and an annual one of the crops of grain, 
liquors, &c., and of the branding of all kinds of cattle. 

ART. 9. Said account must be authorized by the reverend padres. 

ART. 10. To take care that the reverend padres do not want for their 
necessary aliment, and furnish them with everything necessary for their personal 
subsistence, as likewise to vaqueros and servants, which they may request for 
their domestic service. 

ART. 11. To provide the ecclesiastical prelates all the assistance which they 
may stand in need of when they make their accustomed visits to the missions 
through which they pass ; and they are obliged under the strictest responsibility 
to receive them in the manner due to their dignity. 

ART. 12. In the missions where the said prelates have fixed residence, they 
will have the right to call upon the mayordomos at any hour when they may 
require them, and said mayordomos are required to present themselves to them 
every day at a cartain hour, to know what they may require in their ministerial 

ART. 13. To furnish the priest of their respective missions all necessary 
assistance for religious worship ; but in order to invest any considerable amount 
in this object, they will solicit the permission to do so from government through 
the medium of the inspector. 


ART. 14. To take care that in the distribution of goods received from the 
respective office to the Indians, the due proportion be observed amongst the 
different classes and description of persons, to which end the reverend padres 
shall be called to be present, and they will approve of the corresponding list 
of distribution. 

ART. 15. To observe all the orders which they receive from the inspector's 
office emanating from the government, and to pay religiously all drafts addressed 
to them by said conduct and authorized by said government. 

ART. 16. They will every three months send to the respective office a list of 
the goods and necessaries they may stand in greatest need of, as well for covering 
the nakedness of the Indians and carrying on the labor of the establishment, so 
as to provide for the necessities of the priests and religious worship, so that 
comparing these requisitions with the stock on hand, the best possible remedy 
may be applied. They will take care to furnish the necessary means of 
transport and provisions to the military or private persons who may be traveling 
on the public service, and they will provide said necessaries as well for the 
before mentioned persons, as for the commanders of stations who may ask for 
assistance for the troops ; and send in a monthly account to the inspector, 
that he may recover the amount from the commissariat. 

ART. 18. They will likewise render assistance to all other private individuals 
who may pass through the establishments, charging them for food and horses an 
amount proportioned to their means. 

ART. 19. They will take care that the servants uuder them observe the best 
conduct and morality, as well as others who pass through or remain in the 
establishments ; and in urgent cases they are authorized to take such steps, as 
they may consider best adapted to preserve good order. 

ART. 20. They may without any charge make use of the provisions 
produced by the establishments for their own subsistence and that of their 

ART. 21. They may employ as many servants as they consider necessary for 
carrying on the work of the community, but their situations must be filled 
entirely by natives of the establishments themselves. 

ART. 22. Said mayordomos are merely allowed to request the appointment 
of a clerk to carry on their correspondence with the inspector's office. 

ART. 23. After the mayordomos have for one year given proofs of their 
activity, honesty, and good conduct in the fulfilment of their obligations, they 
shall be entitled (in times of little occupation) to have the government allow 
the Indians to render them some personal services in their private labors ; but 
the consent of the Indiians themselves must be previously obtained. 

ART. 24. The mayordomos cannot make any purchase of goods from mer- 
chants, nor make any sale of the produce or manufactures of the establish- 
ments, without previous authority from government. (Second.) Dispose of 
the Indians in any case for the service of private persons without a positive 
superior order. (Third.) Make any slaughtering of cattle, except what shall 
be ordered by the inspectors, to take place weekly, extraordinarily, or annually. 


ART. 25. To make all kinds of mercantile contracts with foreign vessels and 
private persons of the country for the benefit of the missions. 

ART. 26. To provide said establishments with the requisite goods and neces- 
saries mentioned in the lists of the mayordomos, taking into consideration the 
stock of each establishment. 

ART. 27. To draw the bills for the payment of the debts contracted by his 
office and those already due by the establishments. 

ART. 28. He shall be the ordinary conductor of communication between 
the government and the subaltern officers of said missions, as well as between 


all other persons who may have to apply to government respecting any business 
relative to said establishments. 

AKT. 29. He will pay the salaries of the mayordomos and other servants, 
take care that they fulfil their obligations, and propose to government, in con- 
junction with the reverend padres, the individuals whom they may consider 
best qualified to take charge of the missions. 

ART. 30. He will determine the number of cattle to be killed weekly, 
annually, or on extraordinary occasions. 

ART. 31. He will form the interior regulations of his office, and propose 
to government the subalterns which he may judge necessary for the proper 
management thereof. 


ART. 32. All merchants and private persons who have any claims on said 
missions, will in due time present to the inspector an account of the amounts 
due to them, with the respective vouchers, in order that the government may 
determine the best manner of settling them, as the circumstances of said mission 
may permit. 

ART. 33. With respect to the missions of San Carlos, San Bautista, Santa 
Cruz, La Solidad, and San Francisco Solano, the general government will 
continue regulating them as circumstances may permit. 

ART. 34. Officers and magistrates of all kinds are at liberty to manifest to 
government the abuses they may observe in those charged with fulfiling Ihese 
regulations, so that a quick remedy may be applied. 

ART. 35. The government, after previously hearing the opinions of the 
reverend padres, will arrange matters respecting the expenses of religious 
worship and the subsistence of said padres, either by fixing a stated amount for 
both objects, or in some other manner which may be more convenient towards 
attending to their wants. 

ART. 36. All prior regulations and orders conflicting with the present are 
annulled ; and if any doubt occur respecting their observance, the government 
will be consulted through the established channel. 

ART. 37. During the defect or temporary absence of the mayordomos, the 
reverend padres will in the mean time take charge of the establishments. 

No. XL. 



[California Archives, Vol. I, Juzgados, p. 282. Exhibit J to deposition of R. C. Hopkins in 

the Case.] 

Juzgado of San Francisco. 

I submit for the consideration of your Excellency the petitions of the citizens 
Valencio and Jose Rodriquez for solars at the point of Yerba Buena, where, 
as they represent to me, they desire to settle. Your Excellency will resolve in 
relation to said petition, what may be judged proper. God and Liberty. 

SAN FRANCISCO, February 27th, 1839. 



No. XLI. 


[Exhibit K to Deposition of B. C. Hopkins in the Case. California Archives, Vol. I, of 

Juzgados, page 283.] 


Juzgado of San Francisco. 

From the scattered condition of the inhabitants of the place, from the fact 
that each one has his agricultural and stock interests at a great distance, (from 
this place) it results, that there are very few remaining to guard the criminal 
Jose Anto. Galindo, and these cannot spare the time from their personal 
business. These facts induce me to consult your Excellency in relation to the 
removal of the said Galindo to the Pueblo of San Jose, since at that place 
there is a " pueblo unido," (united people) possessing the means of obtaining as- 
sistance and other circumstances wanting at this place, such as a jail and means 
of subsistence ; for these reasons I think it advisable to remove said Galindo to 
San Jose. Your Excellency will be pleased, however, to resolve in relation to 
the matter, and determine what is necessary to be done in the premises. 

God and Liberty. 

SAN FRANCISCO, February 27th, 1839. 


No. XLII. 

20TH, 1839. 

[Exhibit L to Deposition of B. C. Hopkins. California Archives, Unbound Documents.] 

In compliance with the Superior Decree of the 20th of March, ulto. of this 
year, which is found upon the margin of the petition of Felipe Gomez for a 
house lot in the ex-mission of San Francisco de Asiz, I have to say : That in 
view of its being named as the cabecera of the Partido, with the title of Estab- 
lishment of Dolores, and that this circumstance gives it a character of Pueblo, 
and believing for this reason that the inhabitants who petition (for lots) may 
establish themselves in the same, there may be conceded to the petitioner the 
lot for which he asks, notwithstanding he does not designate a fixed place, or the 
number of varas. In case your Excellency shall see proper to concede the 
same, you will be pleased to dictate the necessary measures for the survey of the 
same, and the order to be observed with this and successive petitioners. 






26, 1839. 

[Exhibit No. 15 to Deposition of E. C. Hopkins, California Archives, Vol. V, Monterey, 

page 413.] 

Francisco Guerrero, Justice of the Peace of this Section of San Francisco, 
of the Department of Alta California, desiring to promote the order and good 
management of the PUEBLO under his charge, in conformity with Article 29th 
of the Sixth Law of the 30th of November, 1836, makes known : 

ART. 1st. That any one intending to open a public store shall apply to this 
Juzgado for a license, in order that he may know the Municipal taxes, accord- 
ing to the bando heretofore published by the Most Excellent Deputation, and 
the restrictions to be observed in his mercantile business, since without the said 
license nothing can be sold. Neither can any one who does not own property 
sell cattle, without acquainting this Juzgado of the fact. 

2d. That no hides shall be delivered unless they have the mark established by 
the Illustrious Ayuntamiento ; and persons making payments of hides shall give 
a memorandum that they have a right to do so, and if they do not they cannot 
remain in the Juzgardo until they have justified themselves. 

3d. No transactions shall be had with the children of a family, nor servants 
or domestics, without the knowledge of their parents, since otherwise they will 
be responsible under the law ; and the same rules are applicable to anything 
stolen or taken without the knowledge of the owner. 

4th. That all persons who may own stock in this community must have their 
brands and marks, which shall be registered, so that their property shall be 
known, which must not be without a mark ; inasmuch as it is necessary, when 
stock belonging to any one beyond this section is placed in the same ; to make 
known when they are entered and when withdrawn, otherwise they cannot be 
claimed, nor can the charges be made unless notice is given as to their ad- 

5th. No person who may have stock in this community shall mark their stock 
in the fields (campo,) nor brand beyond the time for branding, without inform- 
ing this Juzgado, or the Admr. of the Establishment of Dolores, the stock of 
the inhabitants (vecindario) being in his charge, nor sell any unmarked stock 
without proof that the same is his property. 

6th. That all the inhabitants owning stock shall meet at the Rodees which 
are given, at the appointed times, or shall send some one in their place, in case 
they shall not be able to attend, otherwise they shall pay one dollar to one who 
shall be appointed ; whereupon, on the meeting of the vecindario [inhabitants,] 
persons shall be appointed to take charge, who will be accompanied by the per- 
sons designated for the punctual discharge of their duties. 

7th. The wood- cutters shall pay fifty cents for each wagon going beyond the 
demarcation of the PUEBLO. 

And in order that this may reach the notice of all, for its due fulfillment, it 
shall be posted in the public places. Given in the PUEBLO of San Francisco 
on the 26th of May, 1839. 


V. Monterey, 413. 


No. XLIV. 

JULY 15, 1839. 

[Exhibit IsT to Deposition of R. C. Hopkins. California Archives, Vol. V, Monterey, 

p. 408.] 

Juzgado de Paz of San Francisco: 

The residents [vecinos] of this municipality have made various verbal repre- 
sentations to me, to the end, that through me they might receive the necessary 
license to establish themselves in this Establishment, where they are desirous of 
uniting themselves to form a settlement. This project is of public utility, 
which will result beneficially to the inhabitants, and the Government can be 
better administered in all its branches. All are now dispersed, [todos se hayan 
disperses,] and this condition of society is not the best for the present age, in 
which civilization is an object that particularly attracts the attention of the 
Departmental Government. I submit this proposition to your Senoria [wor- 
ship,] in order that on placing the matter before his Excellency, the Governor, 
he may be pleased to provide in favor of the inhabitants that make this repre- 
sentation through me, conceding to them the solares which they need in the said 
Establishment on which to build their houses, if the same should be within 
your authority ; or operate, if it should be necessary, and his Excellency should 
think it proper, in concert with the Most Excellent Departmental Junta. 

On saying this to your Senoria [worship,] I have the honor to protest the 
assurances of my esteem and regard. 

God and Liberty. 

SAN FRANCISCO, July 15, 1839. 


No. XLY. 

CISCO, JULY 20, 1839. 

[Exhibit No. 17 to Deposition of R. C. Hopkins, California Archives, Vol. V. Monterey, 

page 422.] 


It is necessary to appoint a Sindico Procurador for this place [punto,] for 
the better management of the Municipal rents ; wherefore, I hope your Excel- 
lency, in the exercise of your authority, will be pleased to make the appoint- 

I would propose to your Excellency, the appointment of Don Juan Fuller, as 
a suitable person to fill said office. 

God and Liberty. 

SAN FRANCISCO, July 20, 1839. 


To the Sor Prefect of the 1st District. 


No. XLVI. 

[Exhibit No. 13 to Deposition of R. C. Hopkins.] 


Provided provisionally by the Marine Custom House of Monterey, for the 
years 1839 and 1840. Anto. Ma. Asio. 

Alvarado, Marine Custom House of) 
Monterey. [Place of Eagle.] J 

Jose Cornelio Bernal, a resident of San Francisco, before your worship 
appears and says : That having made an application for the rancho called 
Las Salinas to the late Governor Don Jose Figueroa, and the said Don 
Jose Figueroa having given me a document therefore, by way of a loan, 
I have resided in the said ranch up to the present time ; and I have consulted 
with the visitor and the superintendent of the said mission, they say that it does 
not need the said tract : and annexing hereto the document and sketch, as 
necessary, I pray your worship will be pleased to grant this my prayer, a favor 
which I hope to receive through the well known kindness of your worship. I 
swear as required, &c. 

MONTEREY, October 3, 1839. 

At the request of the petitioner, I signed. 


[The following order was written on the margin of the above petition.] 

SAN JUAN DE CASTRO, October 4, 1839. 

Let the Justice of the Peace of San Francisco report on the subject-matter 
of this petition, and next let it be transmitted to the Superintendent of the Es- 
tablishment of Dolores, in order to state what may occur to him. In the ab- 
sence of the Prefect. JUAN ANZAR. 

October 8, 1839. J 

In accordance with the foregoing order regarding the application, I have to 
say, that it is sometime ago that citizen Jose Cornelio Bernal has possessed, 
with his cattle, the tract of land called the Bincon de las Salinas, and there are 
on the same private stock. It is dependent on the seasons ; it is not compre- 
hended within the twenty border leagues, but in the littoral ones ; and the said 
Bernal is recommendable for the services that he has rendered and is rendering 
in this municipality. 



October 8, 1839, 

In conformity with the preceding order of 4th of October of the present 
year, the undersigned states, with regard to the application made by citizen 
Jose Cornelio Bernal, that this establishment is not in need of the tract of land 
petitioned by the said party, for the greater number of cattle belonging to the 
establishment is on the place called Los Pilarcitos, on the coast. 

Stamp third, two reals. 


Provisionally provided by the Marine Custom House of Monterey, for the 
years 1839 and 1840. 



MONTEREY, October 10, 1839. 

Upon viewing the petition wherewith this espediente begins, the report of 
the Justice of the Peace of San Francisco, and that of the Superintendent of 
the Mission of San Francisco, and other proceedings which were had, and ought 
to have been viewed in conformity with the law and regulation, I do declare 
Don Jose Cornelio Bernal owner in full property of the place called Las Sali- 
nas, with the Potrero Yiejo, bounded by the Mission of San Francisco, the 
sea, and the lands of the Visitacion. And its extent is one league, a little more 
or less, as explained in the sketch which is annexed to this espediente, to be 
subject to the conditions which shall be set out in the title. 

Don Manuel Jimeno Casarin, Chief Member of the Honorable Junta of the 
Department of California, in exercise of the government of the same, thus did 
command it, decree and sign. 


FRANCISO C. ARCE, Chief Officer. 

MONTEREY, May 19, 1840. j 

Account having been given of the (Espediente) to the Honorable Depart- 
mental Junta, the same resolved, at the session of this day, that it should be re- 
ferred to the Committee on Agriculture. 


On the 22d instant the Committee returned it with the accompanying 


MONTEREY, January 2, 1835. 
[Place of a Stamp.] 

As from the foregoing reports it appears that the tract of land petitioned by 
Jose Cornelio Bernal is the property of the Pueblo of San Francisco De Asis, to 
which it serves as ejidos for the cattle of the community, (es de la propiedad 
del pueblo de San Francisco de Asis a quien sirve de ejidos para los ganados 
del comun,) his application is not admissible, as it cannot be granted in full 
property : but the party may retain his cattle there in the same way as the other 
citizens do, (que los'demas ciudadanos,) or apply for another place not appro- 
priated, in which case it will be granted." Let this determination be made 
known to the party, and the espediente be filed. Don Jose Figueroa, Brigadier- 
General, Commanding-General, and Governor of the Territory of Upper Cali- 
fornia, thus commanded it, decreed, and signed, which I attest. 



It agrees literally with the original, from which I caused the present copy to 
be. made, at the request of the party, at Monterey, the 3d day of January, 1835. 
Citizens Brinfario Madacarga and Jose Ma. Castro, of this place, being wit- 
nesses thereto, which I attest. 



Excellent Sir : The Committee on Agriculture, instructed with reporting 
upon the application of Don Cornelio Bernal, upon viewing the proceedings 
had thereon, presents for the determination of your Excellency the following 
articles : 

ART. 1st. The grant made by the Governor, for the time being. Don Manuel 
Jimeno, of the tract of land called Las Salinas and Potrero Vagi, to the person 
of Don Cornelio Bernal, is approved. 

ART. 2d. Let this Expediente be returned to the Departmental Government 
for expedient purposes. 


MONTEREY, May 20, 1840. 

MONTEREY, May 22, 1840. 

At the session this day, the Honorable Departmental Junta approved the 
two articles, wherewith the foregoing report concluded. 

M. JIMENO, President. 
JOSE Z. FERNANDEZ, Secretary. 

On the 30th of the same month, an authenticated copy of the preceding was 
given to the party. 

Manuel Jimeno Casarin, Chief Member of the Most Honorable Junta of the 
Department of California, in exercise of the government of the same : 

Whereas, Citizen Cornelio Bernal has petitioned, for his personal benefit and 
that of his family, the place known by the name of Las Salinas, with the Po- 
trero Viego, bounded by the Mission of San Francisco, the sea, and the lands 
of La Visitacion, all the steps and investigations concerning thereto having 
been had according to the requirements of the law and regulation, exercising the 
powers which were conferred upon me by the Mexican nation, I have granted 
to him the above mentioned tract of land, declaring to him the ownership 
thereof by these presents, to be subject to the approval of the Most Honorable 
Dept. Junta, and to the following conditions : 

1st. He may enclose it, without detriment to the passages, roads, and ease- 
ments, enjoy it freely and exclusively, applying it to such use or cultivation as 
may best suit him ; but within one year he shall build a house, and the same 
shall be inhabited. 

2d. He shall apply to the proper officer to give him juridical possession, by 
virtue of this title, by whom the bounds shall be marked out, at the limits of 
which he shall place, besides the landmarks, some fruit or useful forest trees. 

3d. The tract of land, of which mention is hereby made, consists of one sitio 
de Granada Mayor, a little more or less, as explained in the sketch attached to 
the Espediente. The officer who may give this possession may cause the same 
to be measured according to ordinance, the surplus thereof to remain to the na- 
tion for convenient purposes. 

4th. If he shall contravene these conditions, he shall forfeit his right to the 
lands, and they shall be liable to be denounced by another. 

Therefore, I do command that this title, being held as good and valid, record 
thereof be made in the book to which it corresponds, and it be delivered to the 
party interested, for his safety and other purposes. 

Given at Monterey, on the 10th day of October, 1839. 




NOVEMBER, 1839. 

Seed of the Fourth Class. % Real. 

Provisionally authorized by the Maritime Custom House of Monterey for 
the years 1838 and 1840. 

Most Excellent Senor: 

The citizen Jacob Luis de Leese, with due respect, and in due form of law, 
represents to your Excellency, as follows : That being desirous of possessing a 
place suitable for raising cattle and horses, he solicits the tract known as " La 
Canada de Guadalupe and Yisitacion, situated in the corner (rinconadaa 
formed by the hill of San Bruno, being about one league from the Mission of 
San Francisco, in accordance with the accompanying map, excepting the 
" Rincon de las Salinas," which appears upon it ; defining as boundaries, the 
said rincon on the North, on the West, the royal road as far as the " Porte- 
suelo," on the South the ranches of Don Francisco Haro and Don Jose 
Sanchez, and on the East the sea. 

Wherefore, I beg that your Excellency will grant this my petition, thereby 
conferring upon me a distinguished favor, I swearing that it is not made through 
malice, and whatever is necessary. 

MONTEREY, Nov. 14, 1839. 


To the Governor of this Department. 

[Marginal decree.] 

SAN JUAN DE CASTRO, Nov. 16, 1839. 

Let the Justice of the Peace of San Francisco report as to the contents of 
this petition. 

Senor Prefect: 

In compliance with the marginal decree of your worship, I have the honor to 
report, that the petitioner possesses the legal qualifications required, that the 
land that he solicits may be granted to him, by virtue of his having formerly 
received permission from the Government of the Department to occupy it 

SAN FRANCISCO, Nov. 17, 1839. 


SAN JUAN DE CASTRO, Nov. 19, 1839. 

Let the above be transmitted to the most Excellent Governor of the 
Department in order that his Excelleucy may decide upon it, as he may 
deem fit. 


MONTEREY, July 31st, 1841. 

In view of the petition which commences this espediente, the report of the 
Justice of the Peace of the Port of San Francisco and that of the Prefect of 


the First District, with all other matters appearing, it seeming to be in con- 
formity with the laws and regulations concerning the matter, I declare Don 
Jacob P. Leese to be the owner of that tract of land known as the " Canada 
de Guadalupe, la Visitacion and Kodeo Viejo," it being bounded on the East 
by the sea, on the West by the royal road (camino real) and the Portesuelo, on 
the North by the rancho of Don Cornelio Bernal, and on the South by that of 
Don Jose Sanchez. Let the corresponding dispatch issue, and be copied in the 
proper book and let this Expediente be transmitted to the most Excellent 
Junta Departmental, for its approval. 

Senor Don Juan B. Alvarado, Constitutional Governor of the Department 
of the Californias, thus order, decree, and sign, and which I attest. 

Juan B. Alvarado, Constitutional Governor of the Department of the 

Whereas, Don Jacob Luis de Leese has solicited, for his personal benefit and 
that of his family, the tract of laud known by the names of " Canada de 
Guadalupe," " la Visitacion," and " Rodeo Viejo," bounded, on the East by 
the sea, on the West by the royal road (camino real) and Portesuelo, on the 
North by the rancho of Don Cornelio Bernal, and on the South by that of Don 
Jose Sanchez, the necessary steps having been taken and investigations made, 
in accordance with the laws and regulations ; by virtue of the power conferred 
upon me in the name of the Mexican Nation, I hereby grant to the petitioner 
the aforesaid tract of laud, declaring him the owner thereof, by these presents, 
subject to the approval of the most Excellent Junta Departmental and to the 
following conditions : 

1st. The petitioner may enclose the land without prejudice to the crossings, 
roads and public conveniences (servitudes), he may enjoy it freely and exclu- 
sively, devoting it to such use or cultivation as he may see fit, but within one 
year, he must build a house which shall be inhabited. 

2d. He shall apply to the proper judge who will give him legal possession in 
accordance with this decree, and will define the boundaries, at the limits of 
which, the petitioner, besides the usual landmarks, shall plant some fruit trees, 
or forest trees of some utility. 

3d. The said laud is two square leagues, more or less, according to the map 
which accompanies the espediente. The judge who gives possession, shall have 
the land surveyed, in conformity with the ordinance, and the surplus shall 
belong to the nation for such purposes as may be convenient. 

4th. If the petitioner violates these conditions, he shall forfeit his title to the 
land, and be liable to prosecution. 

Wherefore, I order that this title be considered firm and valid, a copy of it 
shall be made in the proper book, and it shall then be delivered to the party 
interested, for his protection and other purposes. 

Given in Monterey, July 31st, 1841. 


AT THE MISSION, NOV. 25, 1839. 

[Exhibit O to deposition of R. C. Hopkins, California Archives, Vol. Ill, Prefectures y 

Juzgados, Benicia, p. 28.] 
Most Excellent Sir: 

The residents of the Municipality of San Francisco, have made various verbal 
representations through the Justice of the Peace, to the end that through this 


Prefectura, they may receive the necessary license to establish themselves in the 
Establishment of Dolores, where they desire to form a settlement. This project 
is of public utility, which will result in a benefit to the inhabitants, and the 
government can be administered in all its branches with better results. All 
are now dispersed, and this condition of society is not the most desirable for 
the present age, in which civilization is one of the objects which particularly 
attracts the attention of the Departmental Government. 1 submit this propo- 
sition to your Excellency, praying you to make provisions for the inhabitants 
whom I represent, conceding to them the solares which they need in the said 
Establishment on which to build their houses. 

In saying this to your Excellency, I have the honor to protest the assurances 
of my esteem and regard. 

God and Liberty ! 

PUEBLO OF SAN JUAN DE CASTRO, November 25, 1839. 


[Marginal order of Governor on foregoing representation of Prefect.] 

NOVEMBER 3d, 1839; 

1st. That the Justice of the Peace of San Francisco may concede solares 
for house lots in the Establishment of Dolores, of the extent of 50 varas or 
less according to the means of the petitioners. 

2d. That the inhabitants may place their stock on the lands surrounding said 
Establishment and may maintain them there in community as settlers, (pobla- 
dores) leaving free the lands of San Mateo, and the coast, the first place, that 
Indians may establish themselves there at the proper time, and the second place 
because the little stock that remains subsists there. 

3d. That they shall not embarrass in any respect the functions of the adminis- 
trator nor disturb the Indians so long as the community exists. 

No. XLIX. 




[Exhibit XX in the Case.] 

SAN FRANCISCO, January 16, 1840. 

There is no stamped paper. 

The Departmental Government having expedited an order to my court on the 
1st day of the month of November, of the last year, in order that a lot of one 
hundred varas square should be granted in Yerba Buena in accordance with 
the plan, and by virtue of having granted and given possession of fifty varas 
wide and one hundred varas long to the citizen Juan Vioget, the number of 
varas that he lacks are in the place called the Canutal, to the west of the road 
to the Mission of San Francisco, being vacant land. 

Wherefore I, Francisco Guerrero, Justice of the Peace of the Jurisdiction of 
San Francisco, by virtue of the power vested in me, do hereby give him the 
present, which will serve him as a lawful document under the same terms ex- 
pressed in the articles comprised in the title expedited to said Yioget on the 
15th day of the present month, of the same year. For which I give faith. 
Dated as above. FRANCISCO GUERRERO. 


No. L. 

[California Archives, Legislative Records, Vol. Ill, page 338.] 


At the port of Monterey on the 16th day of the month of February in the 
j~ear 1840, having Messrs. Manuel Jiraeno Cassarin, Jose Castro, Santiago 
Arguello, and Rafael Gonzales, met in the Government Hall by summons of the 
Most Excellent Governor for the purpose of duly taking their oath as members 
of the Departmental Board, the same was solemnly done ; and H. E. the 
Governor declared the Corporation to have been legally installed, whom H. E. 
subsequently informed that Messrs. Anastacio Carillo and Manuel Requena, 
had reported sickness as the cause of their not appearing to fulfil their duty, 
and that only from the member Mr. Pio Pico no answer had been received at 
all, and that the Board should qualify their procedure. 

After which H. E. brought into the knowledge of the Board through a 
statement of the actual condition of the Public Administration of the Depart- 
ment as follows : 

-*#*## # # # 


None of the said towns, with the exception of Monterey, has its common 
and landed property (senalados los ejidos y terrenos de propios) marked out, 
which to each of the Municipality should be fixed, in order to know its legal 
property (fundo legal), for which reason the Government on making concession 
of land in the vicinity thereof, granted the same temporally, waiting for such a 
regulation ; and regarding the same subject proper reports have been repeatedly 
asked. Your H. Junta, however, in view of all this exercising the power 
conferred upon you in part 1st of the article 45 of the above mentioned law, 
and in concert with the Government will arrange what may be deemed proper. 


There was a division of the Department into districts and counties, the 
jurisdiction of Prefect was established respectively at the principal towns over 
both the former and the latter ; and under the circumstances that Your Hon'ble 
Junta was not established, and the Ayuntamientos having to take some courses, 
the Government appointed for the time being a number of Justices of Peace 
to substitute that of the " Alcaldes " then established ; hoping that your H. 
Junta by power conferred by the said Law will determine such numbers as 
there ought to be, for which purpose the necessary reports have been received 
from the Prefect. 


There is no Ayuntamiento whatever in the Department, for there being no 
competent number of inhabitants in any of the towns (pueblos) as provided by 
the Constitution, those then existing had to be dissolved ; and only in the Capital 
there ought to be one of such bodies. So Your Hon'ble Junta exercising the 
powers of the law will propose it, and let the Supreme Government approve a 
place where the same should be established. Nothing can the Government say 
with regard to the third district, which embraces the greatest portion of the 
lower California, for owing to the want of couriers undoubtedly from the great 
distance where the principal town lies, the correspondence of this Government 
with the Prefect Dn Luis del Castillo Negrete, was obstructed ; but the Govern- 


raent is making arrangements to have a courier to run to that place ; and 

leading reports will be received in time. 

## ***#** 


The Justices of the Peace having been appointed in the towns of the 
Departm 4 , those of the principal towns of the District began to exercise the 
judicial functions in First Instance. It has been of much pain to the Depart- 
ment 1 Governmt. to see the irregularity and faults, with which the same are 
managed, both from there being no able persons therein to direct them, and 
from the great distance, where the Supreme Court of Justice lies, which pre- 
vents displaying that desired activity and justice. The want of a Superior 
Court, which should have been established, has occasioned delay in the decision 
of criminal cases ; prisoners of every class for this reason not only cannot be 
tried in (Court of) Third Instance, but that being long imprisoned they attract 
the .mercy of the judges through the sufferings endured before they were 
adjudged ; and this is a new evil, which a fair administration suffers. In the midst 
of such difficulties the Government did not, however cease to co-operate in the 
punishment of crimes for the sake of public vengeance ; but that only in 
matters of little importance, the judicial branch being exclusively the concern 
of the proper court ; and for which reason multitude of cases is lying paralyzed, 
which, being impossible to be transmitted to the Capital of the Republic for 
want of couriers, have to undergo an incalculable delay. The act of the 15th 
of July of 1839, confers upon Y. H. Junta power to appoint judges and [an] 
attorney general, who should exercise the judicial functions in the interior, and 
I do not doubt that upon a good election of such a body depends the organiza- 
tion of a court which in exercise of the power annexed thereto may in a short 
time contribute to a good so long desired that is a fair and complete adminis- 
tration of justice, which up to the present time is needed in this Departm*. 


Proper reports have been required of the Prefect in order to ascertain the 
actual state of said funds specifying the several purposes for which the same 
are laid out so as to bring the whole to the knowledge of your H. Junta, in 
order that the Junta may please to give your advice to the consultation, that 
upon the subject the Government may direct for the purpose of organizing 
such a branch ; that up to the present time there has been no fixed rules to 
establish an inspection and economy capable of doing in fact any good, for 
which they are intended. I have stated above how necessary it was to have a 
regulation of the common lands of the towns and cities ; and from hence a 
new resource will arise for the benefit of the funds if it is considered that the 
lands which may hereafter be assigned as legal property [senalados para el 
fundo legal] (of towns and cities) [de los pueblos] is a foundation, which 
periodically as it may be established, should produce a municipal ground 
rent, whether required of the holders thereof annually or by establishing 
productive landed property. This resource, I do not doubt, will in part con- 
tribute to aid the necessities existing in the towns (pueblos,) where for want of 
means they cannot sometimes support the prisoners in jail ; and much less build 
proper municipal buildings, nor attend to other works of public benefit, con- 
venience or ornament. And I entertain no doubt that Y. H. Junta, with your 
lights will co-operate to this object, in the persuasion that the Government will 
use all the means of resort for the purpose of increasing the funds in question. 

I have made a statement, although substantial, of the actual estate of the prin- 
cipal branches of the public administration, and will now omit being extensive with 
other details ; as every particular individual, of those composing this respective 
body, is aware of the palpable necessities. A new epoch of happiness has 
sprung to the inhabitants of the Department ; and Y. H. J. with the legislative 


character and amidst this stormy weather of difficulties will be able to steer the 
vessel to a safe port ; the Supreme Government is constantly recommending 
these sacred duties, and affording all protection dependent upon its power ; and 
I as the near agent of the same will not spare any means whatever that is in 
my power to co-operate to so esteemable an object. So be Y. H. J. the first 
body to scatter the most abundant benefits over the country, which you 
represent, and receive as fruit of your tasks an eternal gratitude of its dearest 

I congratulate Y. H. Junta for this installation, wishing earnestly that your 
acts may produce the desired good results. 

Which being concluded, His Excellency directed that the minutes should be 
drawn by the Government Secretary, there being no Secretary to the Junta, 
wherewith the Junta adjourned (sine die) H. E. the Governor and the four 
members first above mentioned subscribed their names hereto. 



No. LI. 


[Exhibit No. 10 to deposition of R. C. Hopkins; California Archives, Vol. I of Juzgados, 

page 305.] 

List of the foreigners established in sixth section of San Francisco de Asis, 
who have presented their letters of security, as required by his Excellency the 
Governor of the Department on the 2d of the present of 1840 : 

Don Jacob P. Leese, 39 years of age, married with a Mexican, a native of 
the United States of America, merchant, resident of the Department since the 
9th of July, 1834, he came by land, presented his letters of naturalization 
dated Sept. 20th, 1863, by Don Nicolas Gutierrez, and letters of security by 
Gov. Figueroa, dated July 9th, 1834. 

Don Juan C. Fuller, 43 years of age, married with a Mexican woman, a 
native of London, a seaman by profession, came to the country in the year 
1827, he has a document certifying his matriculation given by the Senor 
Alcalde Don Manuel Jimeno in the year 1834, and his baptism in the Roman 
Catholic church, in San Bias, by Father Jose Antonio Espinosa. 

Don Juan Calvert Davis, 31 years of age, bachelor, native of England, a 
carpenter by trade, came to the country by sea in the year 1834, and remained 
in this jurisdiction till the 14th of September, 1839, as appears by a certificate 
of the Captain Don Jose Francisco Snook, has letters of naturalization dated 
the 24 of September of the last year given by his Excellency the Governor 
Don Manuel Jimeno, and a passport given by the Senor Prefect. 

Don Gregorio Escalante. 30 years of age, bachelor, native of Manilla, a 
mariner by profession, engaged in mercantile pursuits, came to the country in 
1833 by sea, he has no document whatever, says he was admitted by the 
Comandante Don Man. G. Yallejo, and that he has been a dependent of the 
late Pedro del Castillo, and that he has petitioned for letters of naturalization. 

Don Nathan Spear, 38 years of age, married in the Islands, native of the 
United States, engaged in mercantile pursuits, came to the country in 1832 by 
sea, has a letter of security given by his Excellency the President in 1836, for 
one year, to reside in and travel through the republic. 

Don Guillermo H. Davis, 18 years of age, bachelor, a native of Oahu, 
merchant and clerk of Senor Spear, came by sea to -the country in the year 
1838 (23d of June), has no documents save a pass from his consul. 


Don Daniel Sill, 41 years of age, a native of the United States of America, 
carpenter, came to the country by land on the 12th of February, 1835, has a 
passport given him by the late Gov. Figueroa and by the Senor Prefect on the 
4th of April, 1840. 

Don Juan Frink, 30 years of age, bachelor, a native of England, has been 
in the country since 1839, came by sea, has a certificate of Senor Wilson that 
he bears a good character, and a letter of security given by the Prefect on the 
4th of April, 1840. 

Henry Kirby, 31 years of age, bachelor, native of England, has been in the 
country since 4th of December, 1839, came by sea with Hinckley. 

Jose Antonio Nief, 26 years of age, bachelor, native of Germany, sailor, 
was taken prisoner by Don Juan Cooper on the 1st of November, 1839 and 
liberated by General Yallejo, and is at present a servant of Leese. 

Juan Benson, 19 years of age, bachelor, American, sailor, came to this 
country, (this jurisdiction) on the 27th of February of this year, deserter from 
schooner Morse, and is retained until the arrival of the Quixote, when he will be 
given up, as directed by Capt. Paly. 

Louis Melurem, 42 years of age, a native of France, sailor, servant, came to 
the country in 1833, has no documents, save a certificate of the Alcalde David 
Spencer, Dan Manuel Jimeno and Don Jose R. Estrada. 

Juan Yioget, 41 years of age, a native of Switzerland, merchant, came to the 
country in the month of October, 1839, was on the coast two years as Captain 
of the schooner Delmira, and has petitioned for his letters of naturalization, he 
obtained from the Government a solar in Yerba Buena, and has no document. 

Don Juan Bausford alias Solis, 36 years of age, a native of Ireland, a sawyer 
by trade, came to the country by sea in 1829, has letters of naturalization in 
the Sixth House of Kinlock, presented a certificate of Senor Jimeuo given at 
the time he was Alcalde, of his being a seaman of the third class, and by Don 
J. B. Cooper. 

Cornelio Adam Johnson, 63 years of age, a native of Germany, married in 
that country, a servant of Leese, came to the country in 1826, came as a soldier 
from Mexico, has a certificate of the Sergeant Jose Maria Medrano, a function- 
ary of the Military Corndte. of Monterey, and given on the 31st of July, 1811. 

Yictor Prudou, 31 years of age, bachelor, a native of France, a teacher by 
profession, engaged in mercantile pursuits, resident of the capital of Mexico 
from the year 1827 to the year 1834, when he came to the Department with 
the colony (of Higar) by order of the Supreme Government as a teacher, as 
is shown by a document which he exhibited, and a letter of security dated in 
the year 1828. 

SAN FEANCISCO, May 20, 1840. 


Note. The name of Don Guillermo Richardson is not entered here, he having 
for some time been at Saucilito on the other side of the bay. The same remark 
is made in relation to the foreigners who are in the Sierra, in the neighborhood 
of the arroyo of San Francisquito, they pertaining to the Pueblo of Alvarado. 

The name which is entered here as Jose Antonio Nief, is understood as 
applying to Henriques Richer, since he is known by both names. 


No. LII. 


[Exhibit P to deposition of R. C. Hopkins ; California Archives, Vol. IV, Prefecturas y 

Juzgados, page 230.] 

Prefectura of the First District : 

The Justice of the Peace of San Francisco in an official communication of 
the 22d of March last, said to me as follows : 

" When the Senor Prefect Don Jose Castro, came up to these points of the 
North, an order of the Departmental Government was published conceding to 
this vecindario (inhabitants) solares in the Establishment of Dolores, on account 
of many representations made to the said Government by said inhabitants 
(vecindario), and as after it was published, it remained to forward a copy of 
said order, which perhaps on account of the pressing business of your Senoria 
has been forgotten. I pray that you be pleased to order a copy of the same to 
be forwarded to me as a guide, since already several lots have been granted." 

Which I have the honor to transmit to your Senoria, stating that there does 
not exist in the archives of this Prefectura, the order referred to by the 
Justice of the Peace of San Francisco, and praying that a duplicate of the 
same may be furnished from the office under your charge. 

I reiterate the assurances of my respect. 

God and Liberty ! 

SAN JUAN DE CASTRO, April 6th, 1841. 

No. LIII. 


[Exhibit Q, to deposition of R. C. Hopkins.] 
Vincente Miramontes to Prefect of First District. 

AUGUST 18TH, 1841. 
lo the Prefect of the First District: 

Vicente Miramontes, Justice of the Peace, suplente, in the Pueblo of Dolores, 
Jurisdiction of the Port of San Francisco, before your Senoria, with all due 
respect represents : That in the year 1839, he was appointed to said office, and 
in consideration of his having fulfilled the term of his appointment, he prays 
your Honor through this petition to have the goodness to grant him his dis- 
charge, since the holding of this office for the last two years has been of much 
detriment to himself and family. He also represents to your Honor, that it is 
impossible for him properly to discharge the duties of said office for tjie want 
of the necessary intelligence for the same, and when it has happened that in the 
absence of Francisco Guerrero, he has been compelled to exercise his functions, 
he has been much embarrassed, and as there is no secretary in the Juzgado, who 
might assist him in difficult points, he has been compelled to employ one and 
pay him out of his pocket. 

Wherefore he prays your Honor to be pleased to accede to his petition, etc. 

Pueblo of Dolores, August 19th, 1841. 



No. LIV. 


1839 TO 1842: 


Amounts Received. To Wit: 


$ rls. 

Aug. Don David Cooper, paid for two bbls. Agn'te, 600 

For License for 1 month, according to decree 4 00 

Don Francisco De Haro, for 1 bbl country wine, 3 00 

Don Josefa Sal " 3 00 

Don Nathan Spear, " 3 00 

Don Yincente Miramontes, " 3 00 

Don Nathan Spear, paid piso and license, 2 4 

Don Guillermo Richardson, for the solar of Don Antonio 

Ortega, owing to my predecessor, 10 00 

Sept. Guill . Smith, for cigaros, 3 00 

Jesus Noe, for barrel mescal, 3 00 

Juana Ruines, back dues, 1 4 

Nathan Spear, for license, 1 00 

Oct. Nathan Spear, for license and goods, 2 00 

Nov. Juan Matarin, for sales, 2 00 

Juan Yioget, for solar of 100 yards in length by 50 in 

breadth, according, 12 00 

Juan Davis, for solar of 100 yards square, 25 00 

Gregario Escalante, for liquors and license, 15 00 

Dec. Victor Prudon, for one barrel, " 3 00 

License for one month, paid in goods, 1 00 

Juan Fuller, for 2 barrels country wine, 6 00 


Jan'y. Juanita Malarin, for 1 barrel, 3 00 

for 1 month license, 4 

Juanita Malarin, license 1 month, Senor Gegino, 1 00 

" sale of 4 gallons, 6 

Jose de la Cruz Sanchez, 1 barrel, 3 00 

Feb'y. Victor Prudon, fined 10, by order of Judge, for permitting 

gambling in his house, 16 00 

March. Nathan Spear, for license and 1 barrel of Aguardiente, last 

month, 4 4 

Nathan Spear, 10 beaver skins and 3 of otter, at 4 , 6 00 

Tiburcio Vasquez, for 1 barrel, 3 00 

April. Juan Davis, for do and 1 month's license, 3 4 

Gregerio Escalente, license, 4 

May. Nathan Spear, barrel aguardiente and license, 3 4 

Juana Briones, 1 barrel and month's license, 3 4 

Juan Anto. Vallejo, paid for 1 solar of 50 yds., 12 00 

June. Manuel, portugues, 3 4 

License, 4 

July. Nathan Spear, liquors and license, 7 00 

Aug. J. P. Leese, for registry of brand and mark, 1 4 

Don Ml. Miramontes, 1 4 


$ rls. 

Aug. J. P. Leese, barrel country wine, 3 00 

Gegino Escalante, solar of 50 vs., 12 4 

Sept. Nathan Spear, license for store, 1 00 

David Cooper, 2 barrels aguardiente, 6 00 

Oct. " license, 2 mos., 100 

Do. of Don Nathan, 1 month, 100 

Do. of Juanito, " 4 

Nov. Nathan Spear, license, 100 

Don Juanito, 4 

Dec. Nathan Spear, license, 1 00 

Geraldo Bijorquez, 1 barrel. 3 00 

Juan Finich, or Davis, for license 3 months and 3 barrels 

aguardiente, 10 4 

David Cooper, 1 barrel 3 00 

License, 4 

Gregiuo Escalente, 1 barrel and license, 3 4 


Jan'y. Jesus Noe, for 2 barrels muscat, 6 00 

Tiburcio Vasquez, 1 barrel, 3 00 

Feb'y. For 2 month's license, Nathan Spear, 2 00 

Juan Davis, do., 4 

Escalente, do., 4 

March. License, Nathan Spear. 1 00 

Davis and Escalente, at 4 rls., 1 00 

J. P. Leese, 1 00 

Oct. From the 1st of March to the 10th of Oct. paid for Munici- 

5al duties on Aguardiente and other liquors by 

uan Yioget, 44 7 

Don Nathan, paid up to 23d of June, from 1st of April, for 

license, 300 

For 1 barrel of aguardiente, 300 

Juan Yioget, paid for license, 1 barrel aguardiente, Novem- 
ber and December, 8 00 

Collected by Judge, in absence of Sindico Juan Fuller 

Nathan Spear, paid for license of store, 500 

Capt. Hiuckley and Spear, for 5 barrels of aguardiente, sold 
to individuals in this place and to others, as appears 
by account rendered on last of December, 1841,. . 15 00 
Juan Davis, for license 5 months and 2 barrels of aguar- 
diente, 8 4 

Gregorio Escalante, paid for 1 barrel, 3 00 

Dec. Mr. Fil, for license 5 months 5 00 

Mr. Eae, for license 4 months, 6 00 

Jesus Noe, 2 barrels muscat, 300 

Nathan Spear, for 1 solar, petitioned for by Perry, 12 4 

Ten dollars paid by Hinckley on goods, under law of 1834, 10 00 
Mr. Eae paid on 1st of January on 92 packages of goods, 
and one real for three dollars given to Francisco 

Sanchez, ". 11 4 

Sum total, $379 1 

SAN FRANCISCO, January 10th, 1842. 



Paid from Municipal Fund. 

$ ris. 

Expenses of opening road, 9 00 

November 2cl, 1839, for 1 ream of paper for Juzgado, 8 00 

For ink, $2 ; for wax, &c., $2, 4 00 

January 15th, 1840, paid Francisco Sanchez, by order of Alcalde,. . 25 00 
January 15, 1840, paid to Don Juan Davis twenty-six dollars, for 1 

sopero and masita for the archives. 26 00 

For expenses stationery and clerk for Siudicaturo, 6 00 

In February, 1840, by order of Alcalde, Don Francisco Sanchez, 10 00 

For 1 ream" of paper, re-cut for letters on 20th February, 1840, 7 00 

On the 15th of March, 1840, returned to Don Jose tie la Cruz San- 
chez, 15, he having paid $18 forgone barrel of aguardiente, 15 00 

On same day returned to Jacinto Malarin, 15 00 

On the 18th of April, paid to the Juan Neophyte thirteen dollars for 
two saddles, which were lost when the foreigners were taken 

prisoners, 13 00 

Paid to the same, by order of Alcalde, seven dollars, for a horse which 

was lost, 7 00 

For one bullock, killed for the use of the prisoners by order of the 

Judge, 800 

On the 9th May, 1850, returned to Juan Yioget $12 4, he having 
paid twenty-five for a solar of 100 vs., which was only 50 

vs. wide and 100 vs. long, 12 4 

On the 10th of May, by order of the Judge, to Victor Prudon, for 

services in Juzgado, 14 00 

For the two pair of fetters used on prisoners, 8 00 

For sundry articles furnished to prisoners, 5 00 

On 5th of November paid to Soleto for carrying express, 600 

Nov. 18, for ink, &c.. for Juzgado, 4 00 

Aug. 29, by order of Francisco Sanchez, 10 00 

For candles for prisoners, 200 

September, paid on order for table cover for Juzgado. 800 

September 18, paid for inkstand and two candlesticks for Juzgado,. . 3 00 
For payment made to Catalina for two gross of large wax candles 
(gruesas de todies) and for the solemnization of the 16th of 

September, according to order of the year 1839, 30 00 

Paid for gunpowder and licenses for the solemnization of the 16th of 

the present month, according to order of to-day, 24, 1840,. . 26 00 

For one ream of paper and wax for Juzgado, 9 00 

Paid to persons who M r ent in search of the carpenter of the Leonidas 

and brought him to Juan Maturin, 

March, 1.840, the Diezmo, as a reward to the sailors who carried the 

express for the Senor General, 800 

On the 3d of the present month paid for a candado for use of the jail, 2 00 

Sept. 29, to Daniel Sill, for two chains with handcuffs, 10 00 

March llth. 1841, paid to Don Francisco Sanchez, 10 00 

Three dollars given to Alcalde Francisco Sanchez, 3 00 

Paid to conductors of the ropero, 1 00 

Sum total, $349 1 

Due to the Municipal Fund. 

Mr. Bari, 18 00 

The Sindico Bias Angelin, since his term, 21 1 

The Sindico Jose Rodriquez, since his term, 16 00* 


All the individuals, according to the accounts, who have not paid the 
fines imposed upon them by the Judge, paid to the citizen 
Cayetano Juarez, and remitted by him, 55 4 

Senor Prefects, herewith are presented the docs which show the credits (Es- 
gresos) numbered from 1 to 32, including an account forwarded by Senor 
Hinckley for 4 pipes, (of liquor ) which was introduced and the most of it 
sold outside of the Demarcation. And Mr. Rae has not paid any duty on 
aquardiente, which he has introduced, it not having been sold ; and "Don Jose 
Limantour has not paid anything, and he established his store on the 24th of 
December of the last year. 

SAN FRANCISCO, Jan'y. 1st, 1842. 

Correct. JUAN FULLER. 


Amount of Ingresos, $379 1 

of Exgresos, 149 1 

Amount on hand in cash, $ 30 

Because the Sindico Procurator of the Municipal Fund of this Demarcation 
has gone to the Points de Reyes and Baulines, without giving notice of the 
same, he loses his right to the five per cent, which belonged to him. Thus I, 
the Justice of the Peace, ordered and determined. 

SAN FRANCISCO, Jan'y. 2d, 1842. 


Received the amount on hand above set forth. 


No. LY. 


[Exhibit No. 9 to Deposition of R. C. Hopkins.] 

" Padron" Containing the Inhabitants of Both Sexes, in the Jurisdiction of 
San Francisco, for the Present Year. 

Name. Birthplace. Occupation. Age. 

Tiburcio Yasquez Sn Jose Gpl Laborer 49 

Alvira Hernandez Monterey " 37 

Juan Jose Yasquez Sn Jose Gpl " 17 

Barbara Yasquez " " 15 









Jose Corn. Bernal " " 46 

Carmen Sibriau, . . . San Juan " 38 

Josefa Yasquez. 

Siviaca Yasquez " 

Jose Ma. Yasquez .-. 

Purification Yasquez San Francisco 

Luciano Yasquez 

Francisco Yasquez " 

Francisco Yasquez " 

Pablo Yasquez. 



Name. Birthplace. Occupation. Age. 

Jose de Jesus Bernal San Francisco Laborer 13 

Fran. Llagas, Neofito* Pulgas Domestic 57 

Concordio, Neofito San Pablo " 54 

Ma. Feda, Neofita " " 46 

Gertrudis, Neofito " " 13 

Jose Antonio, Neofito San Francisco " 16 

Teresa, Neofita Sonoma " 20 

Francisco Guerrero Tepic Laborer 31 

Josefa de Haro San Francisco " 17 

Spot. Ay. de Guerr'o " " 

Anto. Abad, Neofita Costa Domestic 37 

Lorenza, Neofita Sonoma " 23 

Alejo, Neofita San Francisco " 35 

Vicente Miramontes Mission de San Jose . . . Laborer 32 

Jesus Hernandez San Francisco " 27 

J. Ma. Miramontes " " 4 

Benita Miramontes " " 2 

Mariana Miramontes " " 

Pablo, Neofito " Domestic 18 

Francisco, Neofito Sn Mig'l " 20 

Cadido Valencia .. ..Sn Clara.. Laborer 38 

Paula Sanchez San Jose Gpl. , 

Eustag. Valencia " 

Jose Ramon Valencia San Francisco. 

Ma. de los Aug. Valencia " 

Lucia Valencia " 

Tomaso Valencia " 

Ma. Josefa Valencia " 

Jesus Valencia Sta. Clara. . . . 

Julia Sanchez " 

Catarina Valencia San Francisco. 

Riso Valencia " 

Francisco Valencia " 

Francisco de Haro Composta .... 

Francisco de Haro San Francisco. 

Ramon de Haro " 

Rosalia de Haro " 

Natividad de Haro 

Prud. de Haro 

Cat. de Haro 

Carlota de Haro 

Dolorez de Haro 

Jesus Felipe de Haro 

Alonzo de Haro 

Anast. Ramirez San Juan 

Junipero, Neofito San Francisco . 

Jose Ysidro Sanchez " 

Teodora Alviso Sta. Clara 

Dolorez Sanchez San Francisco. 

Ysabel Sanchez " 

Narsisa Sanchez. . " 



























* The words Neofito and Neofita denote Indian catechumens, male and female, respect- 
ively. It will be observed that these neophytes have no surnames, and that they all seem to 
have been named from the Saints in the calendar of the Koman Catholic Church. 


Name. Birthplace. Occupation. Age. 

Jose tie los Santos, Neofito . Tulares Laborer 10 

Leander Galindo San Francisco " 55 

Domingo Allanian Sta. Clara " . . . 34 

Seferino Galindo " " 12 

Maria Galindo " " 9 

Ant. Galindo Santa Clara 7 

Francisco Galindo San Francisco " 4 

Gregoria Galindo " " 3 

Genaro Galindo " " 2 

Mariano Galindo " " 

Jesus Noe Puebla " 37 

Guadalupe Gardano " " 30 

Miguel Noe Mexico " 9 

Dolorez Noe Sta. Clara " 6 

Esperidion Noe San Francisco " 4 

Ma. Concep. N oe Sta. Clara " 2 

Caudelaria. Neofita Sonoma Domestic 17 

Francisco, Neofita Sta. Cruz " 28 

Concep., Neofita " 21 

Lorenzo. Neofito " " 26 

Juan Fuller England Merchant 40 

Concepcion Arila Mont'y 26 

Ma. Concep. Fuller Monterey 6 

Santiago Fuller San Eafael 4 

Nicolasa, Neofita Sacramento Domestic 13 

Carlos, Neofito " 10 

Pedro Serbia Denmark Merchant 26 

Juan, Neofito Sacramento Domestic 11 

Natan Spear America Merchant 42 

Juana Miss Spear Ys. Sanduic 27 

Tomas, Cauaca " .Domestic 9 

Carlos, Indiga (Indian) Sacramento " 18 

Isabel, f* ' " .... " " 11 

Daniel Sill America "Depend." 46 

Fran. Grno Ynkly " .Merchant 35 

Susana Suart San Francisco 16 

Juan Canaca Y Sanduic Domestic 20 

Yspecanoe Canaca " " 23 

Manaria, Neofita Sacramento " 12 

Guillermo Reed New Orleans Merchant 32 

Senora Reed " 24 

Juan Reed " 3 

Maria Reed " . .' 2 

Eloisa Reed San Francisco 

Knittes " Domestic 

Pedro, Canaca Ys. Sanduic, (Sand. Isl.) " 50 

Mijalda, Canaca " " .. " 22 

Opunul, Canaca " " . . " 20 

Jose, Canaca " " .. " 21 

Tomas France " 30 

Juan C. Davis America Carpenter 32 

Juan Fricher " Blacksmith 36 

Antonio Peru Domestic 19 

Fredrico, Neofito Sonoma " 11 

Gregorio Escalante Manila Merchant 34 


Name. Birthplace. Occupation. Age. 

Mr. F. Andrews America Carpenter 26 

Apolino Miranda San Francisco Laborer 47 

Jiiana Briones Sta. Cruz 39 

Presentation Miranda. . .. San Francisco .. . 20 

Gomes Miranda 

Narsisa Miranda 

Refugio Miranda 

Jose de Jesus Miranda .... 
Manuel Miranda 






Paulina, Neofito Sacramento Domestic 16 

Candel. Mirantes Guadalajara Laborer 53 

Guadalupe Briones Sta. Cruz 49 

Miguel Miramontes San Francisco Laborer 23 

Rodolfo Miramontes. ...... " " 22 

Jose Arciano Miramontes. . " " 18 

Ma. Dolores Miramontes.. . " 19 

Jose de los Stos. Miramontes " Laborer 16 

Raymundo Miramontes " " 13 

Juan Je. Miramontes " " 12 

Guadalupc Miramontes. . . . " " 11 

Carmen Miramontes " " 10 

Luz Briones Sta Cruz 43 

Jose Ramon, Neofito San Francisco 16 

Marcario, Neofito Sonoma Domestic 16 

Jose Rodriguez Monterey Laborer 35 

Romana Miramontes Sta Cruz " 30 

Francisco Rodriguez San Francisco " 5 

Ma. Rodriguez " " 4 

Ma. Rodriguez " " 2 

Jose Rodriguez " " 

Jose Antonio Sanchez Sonora " Harcendo" 67 

Ysidro Je. Sanchez San Francisco Laborer 23 

Jose Feliz " " 15 

Felipe, Neofito Tulares Domestic 12 

Raymundo, Neofito Sonoma " 16 

Manuel Sanchez San Francisco Laborer 30 

Francisco Sotelo P. de los Angeles. ... " 24 

Manuel Sanchez San Francisco 11 

Rosario Sanchez " 5 

Dolores Sanchez " 4 

Juan Fran. Sanchez " 1 

Je. de la Ce. Sanchez " Laborer 40 

Ma. Josefa Merido San Diego " 32 

Solidad Sanchez San Francisco. 

Conception Sanchez. 


Jose Ma. Sanchez. 
Ricardo Sanchez . . 
Francisco Sanchez . 

Joseia, Neofita " Domestic 14 

Eduardo, Neofita Santa Cruz " 40 

Francisco Sanchez San Jose Laborer 35 

Teodora Higuera San Francisco " 26 

Luisa Sanchez (i " 8 

Luis Don Sanchez " " 6 

Dolores Sanchez " " 4 



Name. Birthplace. Occupation. Age. 

Pedro Sanchez San Francisco Laborer 

Consolation, Neofita " Domestic , . . . 12 

Ygnacio, Neofita. 

Dunas, Neofita 

Forcuata, Neofita 

Jose (a) Segnio, Neofita. . 

Domingo Felis 

Anto, Felis 

Angela Kusa 

Luis Felis . . 


, " 49 


, " 16 

.Laborer 22 

, 19 


. 16 

Juan Coopinger Dubl n Sawyer 30 

Luis Soto SanJose " t 23 

Jose, Neofito Tulares Domestic 10 

Santiago Henysy Scotland Sawyer 91 

Koberto McCalister Cork " 29 

Tomas Gerbert London " 33 

Juan Mereno Holland " 40 

Guillermo Handes Boston " 42 

George Williams England " 39 

Recardp Maltok " " .-, 23 

Jqs. Mirautes Sta. Clara Laborer 31 

Mr. Ignacio Martinez San Francisco " 23 

Ma. Miramontes Sonoma " 

Maria, Neofita " Domestic 9 

Francisco Miramontes San Francisco 9 

Maria, Neofita San Rafael Domestic 33 

Jose D., Neofito San Francisco 3 

WI. San Jose, 155. 


Men. Women. Boys. Girls. Totals. 

la. Columna 15 11 8 6 40 

2d. " 11 7 11 16 45 

3d. " 24 11 8 5 48 

4a. " 18 11 11 8 48 

5a. 8 2 4 1 15 

76 42 42 36 196 

Establecemiento de Dolores, 31 de Obre, de 1842. 



No. LYI. 


[See the same, without the preamble : Halleck's Report, Appendix, No. 19; 1 Rockwell, 469; 
Jones' Report, page 71.] 

Manuel Micheltorena, General of Brigade of the Republic, Adjutant General of 

the Plana Mayor, Governor of the same, Commanding-General and Inspector 

of both Calif ornias : 

It being one of the ample or complete instructions or orders, with which is 
invested the undersigned General and Governor, viz. : to examine into the situa- 
tion of all the Missions in his government at the present moment, their pros- 
pects and resources, in order to regulate them, and the Supreme National 
Government having transmitted all its powers, [delegated to him all its powers,] 
according to the supreme order made February 11, 1842. 

On deliberation, and with the assent of the most Reverend Fathers, Fray 
Jose Joaquin Jimeno, Fray Jose Ma. de Jesus Gonzales Rubico, who have 
been made personally to appear before the government, as Presidents of other 
Missions, as well as in the name of, and to represent the most Rev. Father, 
Presidential Vicar, the absent Fray Narciso Duran, being fully impressed with, 
and having well reflected upon all things requisite. 

That the vast and immense landed property formerly belonging* to the Mis- 
sions had been scattered or partitioned out to individuals, which at the epoch it 
was done was caused by the exigencies of the country. 

That the pious and charitable institutions of social order, for the conversion 
of the savages to Catholicism and to an agricultural and peaceful life, are 
reduced to the huertas and inclosures of the churches and buildings. 

That the most Most Rev. Ecclesiastics have no support but charity, and that 
the divine religion not prospering, barely sustains itself. 

That the Indians, naturally lazy, from additional labor, scarcity of nourish- 
ment, and in a state of nudity, having no fixed employment or appointed Mis- 
sion, prefer to keep out of the way and die impenitent m desert woods, to escape 
a life of slavery, filled with all privations and without social joys. 

That this continued emigration of the natives from the service of individuals 
to that of Missions, and from that of the Missions to that of individuals, or to 
the woods, retards more and more agriculture, and frightens off, instead of draw- 
ing together the Gentiles from without the pale of our Holy Religion. 

That in the administration of the Missions, there have been committed some 
frauds and notorious extravagance, which every inhabitant of California laments. 

That as there is no other method of reanimating the skeleton of a giant like 
the remains of the ancient Mission?, without falling back upon experience and 
fortifying it with the levers of Civil and Ecclesiastical power. 

Now, everything well considered and naturally reflected upon, I have deter- 
mined to decree the following articles : 

No. 1. The Government Department decrees to be "delivered up or restored" 
to the Most Rev. Fathers (who shall name the Ecclesiastic to be placed respec- 
tively in charge) the Missions of San Diego, San Luis Rey, San Fernando, 
Santa Barbara, San Antonio, San Jose, San Juan Capistrano, San Gabriel, 
San Buenaventura, Santa Cruz, La Purisima, Santa Clara ; which shall con- 

[* Appurtenant is a better translation of pertenerientes the word "belonging" is equivocal. 
The word "Fray," which is not translated, signifies "Brother" of a regular order, a 
"religiose," as the secular priests were called "Padres" Fathers.] 


tinue for the future to be governed by the Most Rev. Fathers (they taking 
charge of the natives) in the same manner as they were before. 

No. 2. The government considers what has been done to this date as irrevo- 
cable : the Missions can reclaim none of the lands granted prior to this date ; 
and in reclaiming the cattle, chattels, and instruments of agriculture loaned by 
the Rev. Fathers, Curators, or Superintendents, they shall grant sufficient time 
and arrange with the debtors or holders, amicably. 

No. 3. They shall likewise take care to collect the scattered neophytes or 
converts. First, those lawfully exempted by the Supreme Departmental Gov- 
ernment. Second, those who at the date of this decree are provided for by 
individuals, it being, however, understood, that if any of both classes wish and 
prefer to return to their respective Missions, they shall be admitted and received, 
with cognizance of the masters and the Most Rev. Missionaries. 

No. 4. The Departmental Government, in whose possession up to this day 
have been the Missions, in virtue of the most ample powers with which it is 
invested, and referring to the aforesaid considerations, authorizes the Most Rev. 
Fathers to apply the products of the Missions to the necessary expenditures of 
the reduction, food, clothing, and other temporal wants of the Indians ; and 
they shall likewise take from the same fund their own support, for the salary of 
the Mayordomo, and for the support of the divine religion, under the condition 
that they shall remain obligated by their word of honor and conscience, to 
deliver to the Treasury, upon notice to the Rev. Fathers, of this government, 
and the express order, in writing, of the undersigned Governor, Commanding- 
General, and Inspector of relief, sustenance, and clothing of the troops and 
observances of the civil employees, the eighth part of the whole annual produce 
of every kind ; keeping for the guidance of its Ecclesiastics a true and exact 
account at the end of the year, of the number of their converts, possessions 
real and personal, and of every description of produce or its corresponding 
value, which may belong to such Mission. 

No. 5. The Departmental Government, which glories in religion, as well as 
the whole of California, and in the same manner being interested as well as all 
and every one of the inhabitants of both Californias in the advancement of the 
Holy Catholic Faith and in the prosperity of the country, " dedicates itself," 
(or places t the disposition of "all its power,") in aid of the Missions, and in 
quality of General commanding, the power of its arms to protect, and defend, 
and sustain them, and in the possession and preservation of all the lands they 
may hold from this day, they shall be the same as the possessions and guaran- 
tees enjoyed by private persons, binding itself to make no new grant* without 
the information of the respective authorities of the Most Rev. Ministers, notorious 
non-occupation, non-cultivation, or necessity. 

Dated 29th day of March, 1843. MANUEL MICHELT NA - 




Order Jor election of Ayuntamientcs and Alcaldes, Nov. 14, 1843. 

Citizen Manuel Micheltorena, General of Brigade of the Mexican Army, 
Adjutant-General of the Staff of the same, Governor, Comandante-Geueral, 
and Inspector of the Department of the Californias. 

j p q , | Although Justices of the Peace have been established in 
{ ij0vt ' feeaj> j" the towns 'of this Department in conformity with the law 


of March 20, 1837, which gives them the powers and obligations which the 
Ayuntamientos have, yet it is observed that in the Courts of the chief towns 
of the Districts matters of various kinds are daily brought which prevent the 
Justices from dedicating themselves to the cluties which correspond to them, 
for want of Ayuntamientos, and moreover the Prefectures of this Department 
having to be discontinued for the coming year, and as the most excellent Junta 
has passed resolutions on the matter, by the powers conferred on it by the 
Organic Bases. I have decided the last law for elections of Ayuntamientos of 
April 27, 1837, be put in force under the following rules : 

1st. They will proceed to verify in Monterey and the city of Los Angeles, 
as chief towns of the Districts, the elections of Ayuntamientos, composed each 
one of First and Second Alcalde, four Regidores, and one Sindico. 

2d. In the Pueblos of San Diego, Santa Barbara, San Juan, Villa de 
Branceforte, Pueblo de San Jose, San Francisco, and Sonoma, elections will 
be held to appoint two Alcaldes, of first and second nomination. 

3d. In consequence, on the second Sunday of the coming December, the resi- 
dents of their respective towns will appoint in one session seven Arbritrators 
(compromisarios) who will meet on the Friday preceding the third Sunday in 
December, presided over by the civil authority of the District, for the purpose 
of electing the Ayuntamiento and Alcaldes, as the foregoing Articles direct, 
observing in the necessary part the provisions of the law of Elections, of Janu- 
ary 19th of the present year, under the rubric (rubro) of secondary elections, 
and the other articles of the same which may tend to the purpose. 

4th. The first Alcaldes of which these dispositions speak, will perform the 
duties which correspond to the Judges of First Instance in conformity with the 
decree of July loth, 1839, and they w r ill also take charge of the Prefecture of 
their respective Districts. 

5th. On the first day of January of the coming year, the persons newly 
appointed will enter upon the duties of their office, receiving from those going 
out an exact inventory of all the espedientes, books, and whatever there may 
be pertaining to said corporations, transmitting a copy of it to the Govern- 
ment in order to pass it to the Departmental Assembly. 

And that it may come to the notice of all, I order that it be published by 
proclamation in the pueblos of the Department, and it be fixed in the accus- 
tomed places. 

MONTEREY, November 14, 1843. MICHELTORENA. 

MANUEL JIMENO, Secretary. 



Secretary of State to Alcalde of the Port of San Francisco, January 20, 1844. 



Your note dated the 9th inst. has been received, in which you transmit the 
inventory of the things pertaining to your Court, and His Excellency having 
examined it, orders me to answer it, as I now do. 

God and Liberty ! 
MONTEREY,. January 20, 1844. MANUEL JIMENO. 

Senor First Alcalde of the Port of San Francisco, ) 



No. LIX. 


[The Governor addresses the same officer as Alcalde of Yerba Suenaand Alcalde 
of San Francisco, March 3d, 1844.] 

Seal of Departmental ) 
Government. j 

I this day say to the Ensign Don Juan Prado Mesa, the following : 

" So soon as you receive this order you will march with twelve or fifteen men 
of the company of your command, and present yourself to the Alcalde of first 
nomination of Yerba Buena, placing yourself at his disposition for the purpose 
of restraining a disturbance which has happened with some countrymen, causing 
the authority of said Alcalde to be respected, acting yourself with the greatest 
judgment and prudence, and under your own responsibility." 

And I transcribe [this] to you for your information, recommending that you 
bear yourself with prudence and judgment, acting in everything under your 
own responsibility, forming the corresponding summary upon the fact referred 
to in your official communication of the 3d inst., which I answer, reporting to 
this Government. 

God and Liberty ! 

MONTEREY, March 11, 1844. 


Senor Alcalde of San Francisco. 

No. LX. 




Espediente instigated by the citizens Francisco and Ramon De Haro, in 
claiming the tract called " Potrero de San Francisco." 

Most Excellent Senor Governor of the Calif ornias : 

Francisco De Haro, Ramon De Haro, in the name of our family, Mexicans 
by birth, and living in the Ex-Mission of San Francisco de Asis, before your 
Ex. with greatest submission appear and represent, that being compelled to 
remove from the ranch of the deceased Jose Antonio Sanchez, the portion of 
cattle belonging to our deceased mother, and as we wish to tame the same, we 
beg your Excellency, in the exercise of your authority (or powers) to grant us 
a small piece of land called Potrero de San Francisco, in extent from North to 
South 2,288 varas, and from East to West 2,508 varas, measuring up to the 
" Lomerias," (or Range of Highlands), " because there is no competent person 
to do it, according to the annexed diseno," which we submit to your Ex., and 
as said parcel of land can be enclosed, we intend to place in it the tame cattle, 
because the range of our father's cattle is insufficient and all occupied, and he 
has given us due permission to make a petition, as we are under parental power 
and control. 

Therefore we entreat Y. E. to grant us this benefit, whereby we shall receive 


" favor and grace, making oath that we are not instigated either by malice or 
bad motives. 

There being no sealed paper here we could not use it. 
SAN FRANCISCO, April 12, 1844. 


MONTEREY, April 29, 1844. 
Let the Official Secretary make the necessary report. 


Senor Governor: 

The- Mission of San Francisco now has no property (bienes) whatever, and 
therefore the Potrero petitioned for is vacant, as the petitioners have shown by 
the report of the respective justice, and as the ejidos of said establishment are 
to be designated, I think that in the meanwhile, the interested parties may 
occupy the land by a provisional license which your Excellency may be pleased 
to give them, it being no prejudice to the community, nor to any individual 
whatever. The determination of your Excellency will be most proper. 

MONTEREY, April 29th, 1844. 


MONTEREY, April 30th, 1844. 


MONTEREY, April 30th, 1844. 

" In view of the petition with which this Espediente commences, the forego- 
ing reports, with all matters presenting themselves, and necessary to be con- 
sidered, in conformity with the laws and regulations governing the matter, I 
declare Francisco and Ramon De Haro favored in that they may occupy pro" 
visionally, the land named Potrero of San Francisco, of the extent of one 
half of a square league ; its boundaries being the Esteros of the entrance 
(boca) of the Potrero, and the hills that surround the same. Let the corres- 
ponding dispatch issue, and registry be made of the same, and let a communica- 
tion be directed to the person in charge of said establishment. His Excellency 
the Sr. Governor thus ordered, decreed and signed, which I attest." 

Fourth Seal Two Reales. 

" Provisionally authorized by the Maritime Custom House of the Port of 
Monterey, in the Department of the Californias, for the years 1844 and 1845." 



" The citizen Manuel Micheltorena, General of Brigade of the Mexican 
Army, Adjutant General of the Staff of the same, Governor Com te , General 
and Inspector of the Department of Californias. 

Whereas, the citizens Francisco and Ramon De Haro have petitioned for the 
concession of the Portrero which is named San Francisco, from the mouth 
of the Esteros to the Lomaria which surrounds the same, and the proceedings 
having been taken, and the investigations concerning the same having been 
made, as required by the laws and regulations in relation to the matter, I have 
determined in use of the authority conferred upon me, in the name of the 
Mexican Nation, to permit them the occupation of the said Potrero, subject to 
the measurement which may be made of the Ejidos of the Establishment of 


San Francisco, (sujetandose a la medicion que se haya de los ejidos del Estable-" 
cimiento de San Francisco,) and to the following conditions : 

First. They cannot by any title sell it, nor alienate it without prejudice to 
some property (bienes) which the Establishment of San Francisco should have. 

Second. They shall not obstruct the crossing's, roads and servitudes, devoting 
it to cultivation, and to the property (bienes) which they design to introduce, 
but within one year it shall be occupied. 

The land of which mention is made, is one half a square league, and if they 
violate these conditions, they will lose their right to this provisional concession, 
which is delivered to the interested parties for their security and further ends. 

Given in MONTEREY, on the first of May, 1844. 


MANUEL JIMENO, Secretary. 



Election of First Alcalde in 1844. 


In the Secondary elections of this day the citizen Electors being assembled 
in the Court room, you resulted elected for Alcalde of first nomination, that 
you may appear the first day of the year 1845, for the purpose of taking the 
customary oath in order to take charge of the Administration of Justice, in 
conformity with the laws. 

All which I have the honor to communicate to you for the purposes men- 
tioned, offering you the sincere considerations of our esteem. 
God and Liberty. 
SAN FRANCISCO, December 22, 1844. President, 


Yice President, 

1st Secretary, 

2d Secretary, 

Alcalde Elect of 1st nomination. 

No. LXH. 



[See the same, Halleck's Rep. App. 20; 1 Rockwell, 471; Jones's Rep. 72.] 

ARTICLE 1. The Departmental Government shall call together the Indians (los 
Neojitos) of the Missions of San Rafael, DOLORES, Soledad, San Miguel and La 


Purisima, which are abandoned by them, by means of a proclamation, which it 
will publish, allowing them the term of one month from the day of its publica- 
tion in their respective Missions, or in those nearest to them, for them to reunite 
for the purpose of occupying and cultivating them ; and they are informed that, 
if they fail to do so, said Missions will be declared to be without owners (mos- 
trencas)* and the Assembly and Departmental Government will dispose of them 
as may best suit the general good of the department. 

ART. 2. The Carmelo, San Juan Bautista, San Juan Capistrano, and San 
Francisco Solano shall be considered as pueblos, which is the character they 
have at present ; and the government, after separating a sufficient locality for 
the Curate's house, for churches, and appurtenances, and court-house, will pro- 
ceed to sell the remaining premises at public auction in order to pay their 
respective debts ; and the overplus, should there be any, shall remain for the 
benefit and preservation of divine worship. 

ART. 3. The remainder of the Missions, as far as San Diego, inclusive, may 
be rented out at the option of the government, which will establish the manner 
and form of carrying this into execution, taking care in so doing that the estab- 
lishments move prosperously onward. These respective Indians will conse- 
quently remain in absolute liberty to occupy themselves as they may see fit, 
either in the employment of the renter himself, or in the cultivation of their 
own lands which the government will necessarily designate for them, or in the 
employ of any other private person. 

ART. 4. The principal edifice of the Mission of Santa Barbara is excepted 
from the renting mentioned in the foregoing article ; and the government will 
arrange in the most suitable manner, which part thereof shall be destined for 
the habitation and other conveniences of his Grace the Bishop and his suite, 
and which for the Reverend Missionary Padres who at present inhabit said 
principal edifice. And likewise one-half of its total rent of the other property 
of the Mission shall be invested for the benefit of the church, arid for the main- 
tenance of its- minister, and the other half for the benefit of its respective In- 

ART. 5. The products of the rents, mentioned in Article 3, shall be divided 
into three equal parts, and the government shall destine one of them for the 
maintenance of the Reverend Padre Minister and the conservation of divine 
worship another for the Indians ; and the last shall necessarily be dedicated 
by government towards education and public beneficence, as soon as the legal 
debts of each Mission be paid. 

ART. 6. The third part mentioned in the 5th Article as destined for the main- 
tenance of the priests and help towards divine worship, shall be placed at the 
disposal of the Reverend Prelates, for them to form a general fund, to be dis- 
tributed equitably in the before-mentioned objects. 

ART. 7. The authorities or ecclesiastical ministers, should there be any in the 
Missions referred to in Article 1, or those in the nearest Missions, or persons 
who may merit the confidence of government, will be requested by said govern- 
ment to see that the proclamation above mentioned be published, and to give 
information immediately whether the said neophytes have presented themselves 
or not, within the period fixed, in order that, in view of such documents, the 
necessary measures may be taken. 

ART. 8. Government will, in the strictest manner, exact the amount owing by 
various persons to all the Missions in general, as already ordered by the Most 
Excellent Assembly in its decree of the 24th August, 1844, and dispose of the 
same for the object mentioned in the last part of the 5th Article. 

* [Mostrencas, means more properly, public property. Salva defines it: "property which 
has no known owner, and therefore belongs to the sovereign or community."] 




OCTOBER 28, 1845. 

[See the same, Hallcck's Rep. App. 21; 1 Rockwell, 472; Jones' Rep. p. 75. This was not 
an "Act of the Departmental Assembly," as it has sometimes been styled, but a procla- 
mation of Governor Pico in execution 'of the Act of May 28, 1845, as will seen on consult- 
ing the original.] 


That, in order to give due fulfilment to the resolution of the Excellent Depart- 
mental Assembly of the 28th of May last, relative to the leasing and alienating 
of the Missions, and being authorized by the aforesaid Excellent Body, 1 have 
thought proper to issue the following 



ARTICLE 1. There will be sold in this Capital, to the highest bidder, the Mis- 
sions of San Rafael, Dolores, Soledad, San Miguel, and La Purisima, which are 
abandoned by their neophytes, (que se hallan abandonados de sus neofitos.) 

ART. 2. Of the existing premises of [in, en] the pueblos of San Luis Obispo, 
Carmelo, San Juan Bautista, and San Juan Capistrano, ancLwhich formerly 
belonged to the Missions, there shall be separated the churches and appurte- 
nances ; one part for the Curate's house, another for a court-house, and a place 
for a school, and the remainder of said edifice shall be sold at public auction, 
where an account of them will be given. 

ART. 3. In the same manner will be sold the property on hand belonging to 
the Missions such as grain, produce, or mercantile goods giving the prefer- 
ence for the same amount to the renters, and deducting previously that part of 
said property destined for the food and clothing of the Reverend Padre Minister 
and the neophytes until the harvest of next year. 

ART. 4. The public sale of the Missions of San Luis Obispo, Purisima, and 
San Juan Capistrano shall take place on the first four days of the month of 
December next, notice being previously posted up in the towns of the depart- 
ment inviting bidders, and three publications being made in the Capital at 
intervals of eight days one from the other before the sale. In the same manner 
will be sold what belongs to San Rafael, Dolores, San Juan Bautista, Carmelo, 
and San Miguel on the 23d* and 24th of January, next year. 

ART. 5. From the date of the publication of these regulations, proposals will 
be admitted in this Capital to be made to government, which will take them 
into consideration. 

ART. 6. The total proceeds of these sales shall be paid into the departmental 
treasury, to pay therewith the debts of said Missions ; and should anything 
remain, it will be placed at the disposal of the respective Prelate for the main- 
tenance of religious worship, agreeably to Article 2 of the decree of the Depart- 
mental Assembly. 


ART. 7. The Missions of San Fernando, San Buenaventura, Santa Barbara, 
* [This is a mistake, first made in Halleck's report, and copied by Jones and Rockwell. 

Ki"9rl Srt anrl AHi SAG nffimol rtpimnal 1 


and Santa Ynez, shall be rented out to the highest bidder for the term of nine 

ART. 8. To this end bidders shall be convoked in all the departments, by 
fixing advertisements in the town, in order that by the 5th December next they 
may appear in this Capital, either personally or by their legal agents. 

ART. 9. Three publications shall be made in this Capital at intervals of eight 
days each, before the day appointed for the renting, and proposals will be 
admitted on the terms expressed in Article 5. 

ART. 10. There shall be included in said renting all the lands, out-door prop- 
erty, implements of agriculture, vineyards, orchards, workshops, and whatever 
according to the inventories made, belongs to the respective Missions, with the 
mere exceptions of those small portions of land which have always been occu- 
pied by some of the Indians of the Missions. 

ART. 11. The buildings are likewise included, excepting the churches and 
their appurtenances, the part destined for the Curate's houge, the court-house, 
and place for a school. In the Mission of Santa Barbara no part of the prin- 
cipal edifice shall be included which is destined for the inhabitants of his Grace 
the Bishop and suite, and the Reverend Padres who inhabit it ; and there shall 
be merely placed at the disposal of the renter, the cellars, movables and work- 
shops, which are not applied to the service of said Prelates. 

ART. 12. As the proceeds of the rent are to be divided into three parts to be 
distributed according to Article 5, of said decree, the renter may himself deliver 
to the respective Padre, Prefect, or to the person whom he may appoint, the 
third part destined for the maintenance of the Minister and the religious wor- 
ship ; and only in the Mission of Santa Barbara, the half of said rent money 
shall be paid for the same object, in conformity with the 4th Article of the 
decree of the Departmental Assembly. 

ART. 13. The government reserves to itself the right of taking care that the 
establishments prosper ; in virtue of which it will prevent their destruction, 
ruin or decline, should it be necessary during the period of renting. 

ART. 14. The renting of the Missions of San Diego, San Luis Rey, San 
Gabriel, San Antonio, Santa Clara, and San Jose, shall take place when the 
difficulties shall be got over which at present exist with respect to the debts of 
those establishments, and then the government will inform the public ; and all 
shall be done agreeably to these regulations. 


ART. 15. The rentors shall have the benefit of the usufruct of everything 
delivered to them on rent according to these regulations. 

ART. 16. The obligations of the rentors are : 1st. To pay promptly and 
quarterly when due the amount of rent. 2d. To deliver back, with improve- 
ments, at the expiration of the nine years, whatever they may receive on rent, 
with the exception of the stills, movables and implements of agriculture, which 
must be returned in a serviceable state. 3d. They shall return at the same 
time the number of cattle which they receive, and of the same description, and 
of such an age as not to embarrass the procreation of the following year. 
4th. They shall give bonds to the satisfaction of government before they receive 
the establishments, conditioned for the fulfilment of the obligations of the ren- 
tors one of which is the payment of the damages which the government may 
be obliged to find against them, agreeably to Article 13. t 


ART. 17. The Indians are free from their neophytism, and may establish 
themselves in their Missions or wherever they choose. They are not obliged to 
serve the rentors, but they may engage themselves to them, on being paid for 
their labor, and they will be subject to the authorities and to the local police. 


AET. 18. The Indians radicated in each Mission shall appoint from among 
themselves, on the first of January in each year, four overseers, who will watch 
and take care of the preservation of public order, and be subject to the Justice 
of the Peace to be named by government in each Mission, agreeably to the 
decree of 4th July last. If the overseers do not perform their duty well, they 
shall be replaced by others, to be appointed by the Justice of the Peace, with 
previous permission from government, who will remain in office for the remain- 
der of the year in which they were appointed. 

ART. 19. The overseers shall appoint, every month, from among the best of 
the Indians, a sacristan, a cook, a tortilla-maker, a vaquero, and two washer- 
women, for the service of the Padre Minister, and no one shall be hindered from 
remaining in this service as long as he choose. In the Mission of Santa Bar- 
bara, the overseers will appoint an Indian to the satisfaction of the priest, to 
take care daily of the reservoir and water conduits that lead to the principal 
edifice, and he shall receive a compensation of four dollars per mouth, out of the 
rent belonging to the Indians. 

ART. 20. The Indians who possess portions of land, in which they have their 
gardens and houses, will apply to this government for the respective title, in 
order that the ownership thereof may be adjudicated to them, it being under- 
stood that they cannot alienate said lands, but they shall be hereditary among 
their relatives, according to the order established by law. 

ART. 21. From the said Indian population, three boys shall be chosen as 
pages for the Priest, and to assist in the ceremonies of the church. 

ART. 22. The musicians and singers who may establish themselves in the 
Missions shall be exempt from the burdens mentioned in Article 18, but they 
shall lend their services in the churches, at the masses, and the fundones which 
may occur. 


ART. 23. The Justices of the Peace shall put in execution the orders com- 
municated to them by the nearest superior authority ; they will take care that 
veneration and respect be paid to matter appertaining to our religion and its 
Ministers, and that the 18th and 20th articles, inclusive uf these regulations, 
be punctually fulfilled ; they will see that no one be hindered in the free use of 
his property ; they will quiet the little disturbances that may occur, and, if 
necessary impose light and moderate correction ; and if the occurrence should 
be of such a nature as to belong to the cognizance of other authorities, they 
will remit to such authorities the criminals and antecedents. 

And in order that it may come to the notice of all, I command that this be 
published by public edict in this capital and the other towns of the Depart- 
ment, and that it be posted up at the customary public places, and that it may 
be sent to whomsoever it may concern. 

Given at the City of Los Angeles, on the 28th day of October, 1845. 



No. LXIV. 


His Excellency the Governor ad interim of the Department of California : 

Jose de Jesus Noe, a Mexican by birth and a resident of San Francisco de 
Asis represents to your Excellency that being the owner of a number of cattle 


and horses, which stock is increasing, and not having a suitable place upon 
which to put them, he begs that your Excellency, by virtue of your powers, 
will grant him a square league of laud, on the tract, now vacant, to the West 
and Northwest of the Establishment of Dolores, bounded by the ranches of the 
citizens Francisco de Haro, Robert Riddle, and Jose Cornelio Bernal and 
bordering on the sea, on the West, according to the map accompanying this 

The petitioner respectfully solicits that your Excellency will grant this peti- 
tion, as he has a large family ; this not being on stamped paper on account of 
having none, swearing what is necessary, etc. 

SAN FRANCISCO, May 28th, 1845. 


[Marginal decree.] 

AUG., June 14th, 1844. 

Let this be transmitted to the Justice of San Francisco for his report, let the 
said Judge notify the owners of the adjoining estates of this petition, that their 
property may receive no prejudice, also ascertain whether any other petition is 
pending, respecting the tract of land in question, and having done this, return 
this document to the Government. 


2d Constitutional Justice's Court of Yerba Buena. 

In view of the preceding Superior decree and in compliance with its dictates, 
I have to report : That having given notice to the owners of the estates adjoin- 
ing the land petitioned for, and having compared their respective maps, it 
appears that no injury will result to them. The said land is recognized as the 
property of the Ex-Mission of San Francisco (es de los que se reconoce por de 
sii propk'dud la Ex-Mission de S. Francisco,) and is now unoccupied ; it is 
near that solicited by Don Benito Diaz, whose petition is now pending, and 
which having been compared with this petition, docs not conflict with it. 

The petitioner possesses the qualifications required by law. All which is 
submitted to the superior understanding of your Excellency, in compliance with 
the preceding decree and for the necessary purposes. 

YERBA BUEXA, Aug. 28th, 1845. 


ANGELES, Dec. 23d. 1845. 

In view of the petition commencing this Espedienle, the report of the 2d 
Alcalde of San Francisco and other things referring to the matter : In con- 
formity with the law of August 18th. 1824 and the regulations of the 21st of 
November, 1828, 1 declare Don Jose Jesus Noe the owner of a square league 
of land in the immediate neighborhood of the Mission Dolores, being adjoining 
the lands of Don Francisco Haro, Robert Riddle and Jose Cornelio Bernal. 
Let the necessary title issue and the espediente be retained to be submitted to 
the Most Excellent Departamental Assembly, for its approbation. Pio Pico 7 
provisional Governor of the Californias has thus ordered, decreed, signed and 
duly attests. 



Pio Pico Senior Vocal of the Departmental Assembly and Provisional 
Governor of California : 

Whereas, Don Jose Jesus Noe has solicited, for his individual benefit and 


that of his family, a piece of land in the immediate neighborhood of the Ex- 
Mission of Dolores, one square league in extent : the customary investigations 
having been made, by virtue of the powers conferred upon me, in the name of 
the Mexican Nation, I do by this decree, grant the aforesaid laud to the peti- 
tioner, declaring him, by these presents, the owner thereof, in conformity with 
the law of August, 18th, 1824, and the regulation of Nov. 21st, 1828, subject 
to the approval of the most Excellent Departmental Assembly and to the fol- 
lowing conditions : 

1st. The petitioner may enclose the land, without interfering with the cross- 
ings, roads and public conveniences, and he may enjoy it freely and exclusively, 
devoting it to such purposes as he may see fit. 

2d. He shall apply to the proper Judge to place him in lawful possession, in 
accordance with this decree, and the said Judge will define the boundaries and 
the necessary landmarks. 

3d. The land granted, is one square league in extent, according to the map 
which accompanies the Espediente, and borders on the lands of Don Francisco 
Haro, Robert Riddle, and Jose Cornelio Bernal. The Judge who gives pos- 
session will have the land measured in conformity with the ordinance. 

I therefore order that the present title, being considered firm and valid, shall 
be registered in the proper book, and shall be delivered to the petitioner for his 
protection and other purposes. 

Given at the city of Los Angeles, on ordinary paper, for want of stamped 
paper, this 23d day of December, 1845. 


This title has been duly registered in the proper book. 

ANGELES, May 8, 1846. 

This Espediente having been submitted in session of to-day to the Depart- 
mental Assembly, it was referred to the Committee on Yacant Lands. 

AGUSTIN OLVERA, Deputy Secretary. President. 

The Committee on Yacant Lands has carefully examined the Espediente 
relative to the land in the immediate neighborhood of the Ex-Mission of 
Dolores solicited by Jose de Jesus Noe, which was granted by th Superior 
Departmental Government, in accordance with the laws concerning the mattef , 
and it now has the honor of submitting the following report to your Excel- 
lency's consideration. 

It approves of the grant made to Jose de Jesus Noe of the tract of land in 
the immediate neighborhood of the Ex-Mission of Dolores, one square league in 
extent, according to the title issued on the 23d day of December of the past 
year, this being entirely in conformity with the law of August 18th, 1824, the 
article of October 5th, and the regulation of Nov. 21st, 1828. 

Given in the Hall of Commissions, in the City of Los Angeles, May 
22d, 1846. 


ANGELES, June 3d, 1846. 

In session of to-day the most Excellent Departmental Assembly approves of 
the contents of the preceding decree. 


No. LXV. 


7, 1846. 

[Exhibit 16 to deposition of K. C. Hopkins.] 

Sub-Prefectura of the \ 
2d District. j" 

In view of your note of the 3d of the present month, in relation to the 
accounts of the Sindicatura of Don Pedro Sherreback, and of the refusal of 
this (that) gentleman to reply to two official communications from your pre- 
decessor, asking a rendition of accounts. Wherefore, I require you to cause 
him to be summoned to appear before the Juzgado under your charge, and that 
he present the accounts, you first examining the same, and if they are not made 
out as they should be, showing corresponding vouchers, with the necessary 
entries of amounts received, so as to detect any bad faith, if any has been 
practiced ; and if they are not so found, you shall attach his property, if he 
have any, and if he have none, you shall imprison him till he make payment, or 
be sent to the public works. 

Which I have the honor to say to you in reply, 

God and liberty. YERBA BUENA, Feb. 7th, 1846. 

To the Judge of 1st Instance, 

of the Pueblo of San Francisco. 

No. LXVI. 



MAY 13, 1846. 

[Exhibit No. 8 to Deposition of R. C. Hopkins.] 
To the Most Excellent Governor of the Department of the Calif ornias : 

Henry Fitch, naturalized in the Mexican Republic, and Francisco Guerrero, 
a Mexican by birth, residing in the Department, before your Excellency with 
due respect, represent : That finding a place in the point of the Presidio of 
San Francisco, which up to the present time, has not been occupied by any 
person ; that an arroyo which is found almost in the centre of said place, being 
suitable for the establishment of machinery for a mill, and other pieces for 
sowing purposes and the greater part Chimesal and Monte, as your Excellency 
will see by examining the accompanying diseno ; the said land being two and a 
half sitios a little more or less ; bounding in the South with the Ranchos of the 
citizens Francisco De Haro and Jose de Jesus Noe, on the S. S.E. with the 
Mission of San Erancisco ; on the East with Yerba Buena, and on the North 
and West with the sea shore ; the petitioners making known to your Excellency 
that they do not desire to prejudice the interests of any person whatever, who 
may be seeking to obtain, or who may already have obtained a title ; in that 
case they will only receive the favor (of a grant) for three thousand varas, 


which may be on sajd arroyo, for the purpose of establishing said machinery, 
and then they can make an agreement *with whoever may be the owner, and if 
your Excellency should be pleased to grant to the petitioners the favor they 
ask, subject to the ejidos of the poblacion of Yerba Buena, although they have 
not yet been designated (dejando en salvo hasta los ejidos de la poblacion de 
Yerba Buena aun que no estan nombrados) since in the concession of the land, 
some persons will be benefited, and the petitioners not being prejudiced by 
another who may obtain in property, some part of the said land's, of small 
extent, in pieces of desirable land, or of much monte or sand hills (arenales). 

Wherefore they earnestly pray your Excellency to be pleased to concede to 
them that which they ask, if it be' may be convenient to do so, remaining 
satisfied with the determination of your Excellency, swearing to what is neces- 
sary ; writing this upon common paper, for want of that which is sealed. 

YERBA BUENA, May 13th, 1846. 


(Certificate of the Justice of the Peace.) 

Jose de Jesus Noe, Justice of the Peace of the Jurisdiction of Yerba 

I certify, in relation to the petition of the citizens Francisco Guerrero and 
Henry D, Fitch, that the part of land asked for is vacant at this time, although 
there are other petitioners for the same, whose petitions are pending. The object 
of the last petitioners being to establish a mill which will be useful to the com- 
munity, and besides the petitioners limit themselves to a certain number of 
varas, it will not be prejudicial to other parties, if the Government should 
think proper to grant to one or another the lands indicated. And for the 
necessary ends I give this in Yerba Buena, on the 13th of May, 1846. 






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No. LXIX. 

A.D. 1836. 


[Bases y Leyes Constitutionales do la Republica Mexicana, dccretados por cl Congreso gen- 
eral dc la nacion en el ano de 1836. Mexico : Imprenta del aguila, Jose Jimeno, 1837.] 

ART. 1. The Republic shall be divided into Departments, in conformity with 
the eighth organic (constitutional) base. The Departments shall be divided 
into Districts, and the Districts into Partidos. 

ART. 16. In each chief town (capital, cabecera) of a District there shall be a 
Prefect, nominated by the Governor and confirmed by the General Government, 
who shall hold office for four years, and may be re-elected. 
****# #*### 

ART. 18. It belongs to the Prefects : 1st. To maintain order and public 
tranquility in their Districts, with entire subjection to the Governor. 2d. To 
execute and cause to be executed the orders of the respective government of the 
Department. 3d. To watch over the fulfillment of their duties by the Ayun- 
tamientos, and in general over everything pertaining to police (al ramo de 

ART. 19. In each capital (cabecera) of a Partido there shall be a sub-Prefect, 
nominated by the Prefect and approved by the Governor, who shall hold his 
office four years, and may be re-elected. 

* * * # -X- # # # # # 

ART. 31. The functions of Sub-Prefect in the Partido are the same as those 
of the Prefect in the Districts, subject to the Prefect, and through him to the 

ART. 22. There shall be Ayuntamientos in the capitals of Departments ; in 
those places (lugares) where there were such in 1808 ; in sea ports with a popu- 
lation of four thousand souls ; and in those pueblos which have a population of 
eight thousand. In those which do not possess the above population (que no 
haya esa population) there shall be Justices of the Peace (Jueces de Paz), also 
entrusted with police (policia), in such number as may be designated by the 
respective Departmental Juntas, in concert with the Governor. 

ART. 23. The Ayuntamientos shall be elected by the people in districts (ter- 
minos), to be fixed by a law. The number of Alcaldes, Councilmen (Regidores) 
and Syndics shall be determined by the respective Departmental Juntas, in con- 
cert with the Governor, except that there cannot be more than six Alcaldes, 

twelve Regidores, or two Syndics in the same Ayuntamiento. 
*###* * # *** 

ART. 25. The Ayuntamientos shall be charged with the care of public health 
and accommodation, (literally, convenience, policia de salubridad y comodidad,) 
to watch over prisons, hospitals, and benevolent institutions which are not of 
private foundation, primary schools sustained by public funds, the construction 
and repair of bridges, highways, and roads, the raising and expenditure of public 
moneys from taxes, licenses, and the rents of municipal property, (la recaudacion 
e inversion de los propios y arbitrios,) to promote the advancement of agricul- 
ture, industry, and commerce, and to assist the Alcaldes in the preservation of 
peace and public order among their inhabitants ( vecindario) , under absolute 
subjection to the laws and regulations. 

ART. 26. It shall be the duty of the Alcaldes to exercise in their pueblos the 


office of conciliators, to decide oral litigations, to take the necessary proceed- 
ings in urgent lawsuits in which recourse cannot be had to Judges of the First 
Instance ; and, in the same case, to take the preliminary proceedings in criminal 
cases ; to conduct such proceedings as are entrusted to them by the respective 
tribunals or judges ; and to watch over public tranquility and order, subject, in 
this respect, to the Sub-Prefects, and, through them, to the respective superior 

ART. 27. Those Justices of the Peace who are also charged with police 
powers [see ante, Art. 22], shall be proposed by the Sub-Prefect, nominated by 
the Prefect, and approved by the Governor ;' hold office one year, and be re- 
* * * * * # * *** 

ART. 29. Such Justices shall exercise in their respective pueblos the same 
powers which are designated for Alcaldes and Ayuutamientos, subject, in re- 
spect to these powers, to the Sub-Prefects, and, through them, to the respective 
superior authorities. In those towns (lugares) where there are not a thousand 
inhabitants, the functions of Justices of the Peace shall be restricted to watch- 
ing over the public peace, and to the administration of police, and to exercising 
judicial functions, both civil and criminal, in cases whose urgency does not per- 
mit a resort to the nearest respective authorities. 

ART. 30. The official trusts (cargos) of Sub-Prefects, Alcaldes, Justices of 
the Peace charged with police administration, Regidores, and Syndics, pertain 
to the Pueblo,* and cannot be resigned without a legal excuse, approved by the 
Governor, or, in case of a re-election. 

ART. 31. A secondary (supplemental) law shall detail everything relating to 
the exercise of the duties of Prefects, Sub-Prefects, Justices of the Peace, Al- 
caldes, Regidores, and Syndics, etc., etc. 

No. LXX. 

A.D. 1845. 

[California Archives, Irregular Espediente, No. 266.] 

Ma Al 24th LE i845 } Most Excellent Senor Governor : Benito Diaz, a 

Let it be 7 transmitted to nat ive of the Californias, and a resident of San 

the respective Judge, and Francisco, before your Excellency as may be most ac- 

Slndanfto^ar^haiTe ce P table ' and with d e r <*P ect represents: That 
may deem convenient, so having some head of large cattle, and not having a 
Wi 1 ? vi , cw of ' . when it place whereon to put them for the increase thereof, 

shall be returned to the Gov- r j ,1 , , ..,..,.. I 

ernmeut, the same may re- anc * as there is a vacant place in the jurisdiction of 
solve what may be conve- San Francisco, known by the name of Punta de 
petitions Part p IC o h Lobos < boun <ted on the north by the sea running 
toward the port of San Francisco, on the south by 

the high land lying back of the Mission of San Francisco, known by the name 
of the Serro de la Laguna Honda, on the east by the high hill, and on the west 
by the Point of Lobos, which may be comprehended, a little more or less, two 
square leagues (sitios de ganado mayor), adverting that the ruins of the Presidio 

* NOTE." Los cargos de Sub-Prefectos, Alcaldes, Jueces de Paz encargados de policia, 
Regidores y Sindicos son concejiles." CONCEJIL, adj. Lo perteneciente al concejo, 6 lo que 
es comun A los vecinos de un pueblo. SALVA Die. Esp. in verbo. See Argument, 13. 


of San ranci sco and castle (fort) which lie within the place, are not included in this 
petition, unless the Government should wish to grant me said ruins, obligating 
myself, if it be effected, to build a house at the port of San Francisco, for the 
Military Commandant, to be twenty-five varas long and six wide. Wherefore, 
I request your Excellency to take into consideration my petition and grant me 
the land I ask, which I hope, from the well-known goodness of your Excellency, 
by which I will receive a favor, swearing that which is necessary, etc. 

YERBA BUENA, April 3d, 1845. 

In view of the preceding Decree relating to information of the land which 
the petitioner asks, I will say that it is vacant, and that said petitioner possesses 
the necessary requisites, according to the law in the matter ; but as to the place 
occupied by the military point, I cannot give information, because I know noth- 
ing of its commons (ejidos). 

PUEBLO OF SAN FRANCISCO, August 16th, 1845. 


October 18th, 1845. f 

In conformity with the preceding superior Decree, issued by the Most Excel- 
lent Senor, Governor ad interim of this Department, on the 24th of May of the 
present year, I have to say, that the land which the interested party asks, being 
vacant, I believe can be granted to him without including in the concession the 
two military points of the Presidio and castle (fort) which are comprehended in 
his petition. 


No. LXXI. 

A.D. 1844. APRIL. 

[California Archives ; Unbound Documents.] 


Let the Secretary of state MOST EXCELLENT SIR : The undersigned, all resi- 
dents (vecinos) of the jurisdiction of San Francisco 

MICHEL!*. de Asis, and established in the ex-Mission of this 

name, before your Excellency, respectfully and in due form, represent, that all of 
us being desirous to do all that we can for the increase and advancement of this 
settlement (poblacionj ; also, to promote the branches of industry, agriculture, 
and eommejce, as far as it is in our power. Up to the present time, in spite of 
the data which proved the contrary, this place is still hitherto commonly recog- 
nized as a Mission (se reconoce aun y corre por Mision) , and notwithstanding the 
data to which we refer, which show that it ought to be held and recognized as 
a PUEBLO, such as the Bando issued by his Excellency the Governor D. Juan 


B. Alborado, on the 27th of February, 1839, in which this establishment was 
named as a " cabecera de partido," (seat of the partido government) that the 
one issued by your Excellency on the 25th April, 1843, in which this was ex- 
cepted in the order to return the Missions to the Fathers ; and lastly, according 
to that of the 28th of September, of the same year, issued also by your Excel- 
lency, the 2d article of which required 1st and 2d Alcaldes to be appointed for 
the place, among the others which your Excellency thought proper to distinguish 
with this honorable designation. Wherefore, in consideration of said data, for 
the extinction of such title of Mission, as well as that the same be recognized 
IN FUTURE as a PUEBLO, and in order to avoid controversies, that the office of 
mayordomo which exists, although with a small number of Indians of both sexes 
in COMMUNITY (en comunidad) ; also, that by the authorities a proper impulse 
may be given, and a due observance of the decrees and regulations of police 
(policia) and good government ; and, finally, iu order that the public may be 
undeceived in relation to the title that it now has, and that the difficulties and 
obstacles that have embarrassed the settlement and prosperity of the said settle- 
ment (poblacion), may iu the future be avoided. Wherefore, we apply to the 
ample powers of you Excellency, in order that in the use of the same, and in 
consideration of what has been set forth, you may be pleased to declare in due 
form the same to be a PUEBLO, and in consequence of its being such, by your 
superior approbation, permit us to ratify the same, which act will be duly 
solemnized in accordance with our authorities, making due acknowledgments to 
your Excellency for this favor. Wherefore, we earnestly pray you to look 
propitiously upon our petition (splicitud) and to admit this on common paper, 
there being no sealed paper in this place. 
S. FRANCISCO DE Asis, April 8, 1844. 




NOTE. This is in the hand- The preceding paper, subscribed by some citizens 
the thin Secretary^? state) (algunos vecinos) of San Francisco : I understand 
but not signed by him. that it is not of such urgency as to require you to de- 

termine the matter until you have the condition in which the Mission is, which 
is indebted to some merchants, and these have asked that the same be satisfied 
with some of the property of the Mission. Therefore, your Excellency can 
determine what is proper as soon as you make the visit that you have resolved 

MONTEREY, 29th April, 1844. 

MONTEREY, April 30, 1844. 

In accordance with the opinion of the Secretary of State, and as the Gover- 
nor has determined, let it be known to the gentlemen who subscribe, assuring 
them that the Government can never desire anything but their welfare, consist- 
ently with the general good (publico general), which it is his duty to promote. 




A.D. 1847. MARCH. 


[Executive Document No. 17, House of Rep., 1st Sess. 31st Cong., page 146.] 

I, Brig-ad ier-General S. W. Kearny, Governor of California, by virtue of au- 
thority in me vested by the President of the United States of America, do 
hereby grant, convey, and release unto the town of San Francisco/the people, 
or corporate authorities thereof, all the right, title, and interest of the Govern- 
ment of the United States and of the Territory of California, in and to the 
beach and water-lots on the east front of said town of San Francisco, included 
between the points known as the " Rincon " and " Fort Montgomery," excepting 
such lots as may be selected for the use of the Government by the senior officers 
now there : Provided the said grant hereby ceded shall be divided into lots, and 
sold at public auction, to the highest bidder, after three months' notice previous- 
ly given ; the proceeds of said sale to be for the benefit of the town of San 

Given at Monterey, capital of California, this 10th day of March, 1847, in 
the 71st year of the independence of the United States. 

Brig.-Gen. and Governor of California. 


A.D. 1849. MARCH. 


[Executive Document No. 17, House of Rep., 1st Session 31st Cong. (1849-50) pages 728, etc.] 

No. I. 

A public meeting of the citizens of the town and district of San Francisco 
was held in the public square on Monday afternoon, the 12th instant, in accord- 
ance with previous notice. 

The meeting was organized by calling Mr. Norton to preside, and S. W. 
Perkins to act as secretary. 

The chairman, after reading the call of the meeting, opened it more fully by 
briefly but succinctly stating its object ; when Mr. Hyde, on being invited, after 
some preliminary remarks, submitted the following plan of organization or gov- 
ernment for the district of San Francisco : 

Whereas, we, the people of the district of San Francisco, perceiving the 
necessity of having some better defined and more permanent civil regulations for 
our general security than the vague, unlimited, and irresponsible authority that 
now exists, do, in general convention assembled, hereby establish and ordain : 



Section 1. That there shall be elected by ballot a Legislative Assembly for the 
district of San Francisco, consisting of fifteen members, citizens of the district, 
eight of whom shall constitute a quorum for the transaction of business ; and 
whose power, duty, and office shall be to make such laws as they in their wisdom 
may deem essential to promote the happiness of the people, provided they shall 
not conflict with the Constitution of the United States, nor be repugnant to the 
common law. 

Sec. 2. Every bill which shall have passed the Legislative Assembly shall, be- 
fore it becomes a law, be signed by the speaker and the recording clerk. 

Sec. 3. It shall keep a journal of its proceedings, and determine its own rules. 

Sec. 4. The members of the Legislative Assembly shall enter upon the duties 
of their office on the first Monday of March. 


Section 1 . That for the purpose of securing to the people a more efficient ad - 
ministration of law and justice, there shall be elected by ballot three justices of 
the peace, of equal though separate jurisdiction, who shall be empowered by 
their commission of office to hear and adjudicate all civil and criminal issues in 
this district, according to the common law, as recognized by the Constitution 
of the United States, under which we live. 

Sec. 2. That there shall be an election held, and the same is hereby ordered, 
at the Public Institute, in the town of San Francisco, on Wednesday, the 21st 
of February, 1849, between the hours of eight A. M. and five P. M., for fifteen 
members of the Legislative Assembly for the district of San Francisco, and three 
justices of the peace, as hereinbefore prescribed. 

Sec. 3. That the members of the said Legislative Assembly, and the three 
justices of the peace elected as hereinbefore prescribed, shall hold their office for 
the term of one year from the date of their commissions, unless sooner super- 
seded by the competent authorities from the United States Government, or by 
the action of a provisional government now invoked by the people of this Ter- 
ritory, or by the action of the people of this district. 

Sec. 4. Members of the legislature and justices of the peace shall, before they 
enter upon the duties of their respective office*, take and subscribe the following 
oath : 

I do solemnly swear that I will support the Constitution of the United States 
and government of this district, and that I will faithfully discharge the duties 
of the office of - , according to the best of my ability. 

Mr. Harris moved the adoption of the plan entire, which was seconded ; when 
Mr. Buckalew moved to supersede the plan of government presented by submit- 
ting the subject to a committee to be appointed by the meeting, and whose duty 
it should be to report to an adjourned meeting. Thereupon an animated dis- 
cussion ensued. Mr. Buckalew's motion having been seconded, was lost by 
vote ; when the question recurred on the original motion of Mr. Harris, which 
was carried almost unanimously. 

On motion of Mr. Hyde, it was 

Resolved, That the judges of the election to be held on the 24th instant shall 
meet at the Public Institute, in the town of San Francisco, on the 22d instant, 
at 10 o'clock A. M., to present to the justices of the peace their commissions, and 
administer to them their oath of office. 

On motion of Mr. Per Lee, it was determined that every male resident of the 
age of twenty-one years or upwards shall be entitled^to vote at the said election. 

On motion of Mr. Roach, it was 

Resolved, That the persons who were elected on the 27th of December last to 


serve as a town council for the year 1849, and those who were elected for the 
same purpose on the 15th of January, 1849, be, and are hereby, requested to 
tender their resignations to a committee selected by this meeting to receive the 

Messrs. Ellis, Swasey, Long, Buckalew, and Hyde were elected such com- 

On motion, it was 

Resolved, That these proceedings be published in the " Alta California." 

On motion, the meeting then adjourned. 


T. W. PERKINS, President. 


No. H. 

SAN FRANCISCO, March 23, 1849. 

I do hereby certify, that at an election held for justices of the peace and for 
members of the district legislature, on the 21st day of February, 1849, Myron 
Norton, Heron K. Per Lee, and William M. Stewart, were elected justices of 
the peace ; Stephen A. Wright, Alfred J. Ellis, Henry A. Harrison, George C. 
Hub bard, George Hyde, Isaac Montgomery, William M. Smith, Andrew J. 
Grayson, James Creighton, Robert A. Parker, Thomas J. Eoach, William F. 
Swasey, Talbot H. Green, Francis J. Lippitt, and George Hawk Lemon were 
elected to the district legislature. 

One of the Judges, and Inspector of Election. 

No. III. 

I hereby certify that I administered the oath of office to the members of the 
legislature of the district of San Francisco, on the 5th of March, 1849. 


Justice of the Peace. 
SAN FRANCISCO, March 20, 1849. 

No. IY. 

MONDAY EVENING, March 5, 1849. 

The Legislative Assembly of the district of San Francisco met the first time at 
the Public Institute. Present : Messrs. Creighton, Ellis, Grayson, Green, 
Harrison, Hubbard, Hyde, Lemon, Lippitt, Montgomery, Parker, Roach, Smith, 
Swasey, and Wright. 

The oath of office was administered to the aforesaid members elect by his 
Honor Judge H. R. Per Lee. 

Mr. Hyde was then appointed chairman pro tempore. 

The members then proceeded to elect, by ballot, their officers, Messrs. Roach 
and Smith having been appointed tellers, who, after counting the votes, declared 
Francis J. Lippitt duly elected as speaker of the house, and J. Howard Acker- 
man clerk. Accordingly, Mr. Lippitt took the chair. 

On motion, a committee of three were appointed to draw up rules of proceed- 
ing, to report at a special meeting to be held on Tuesday evening, at 7 o'clock. 
Messrs. Harrison, Hyde, and Roach, committee. 


Mr. J. Cade was appointed sergeant-at-arms, and Mr. E. Gilbert printer for 
the house. 

On motion, a special committee of three were appointed to act in connection 
with the judges of the district, to report a code of laws as soon as practicable. 

On motion, Mr. Lippitt was added to the committee. Messrs. Hyde, Har- 
rison, and Creighton, committee. 

The following resolution was presented by Mr. Hyde, which, after some dis- 
cussion, was carried unanimously : 

Resolved, That Mr. Frank Ward be appointed the treasurer of the district of 
San Francisco, to act temporarily until properly superseded by law, and who 
shall be empowered to receive all bonds, mortgages, notes, and money or moneys 
now in the hands of any officers existing under the late authority, and report 
the amount to this house. 

Moved by Mr. Smith, and seconded, that a suitable place be provided in which 
the magistrates elect may hold a court. 

On motion, a committee of three were appointed to^ confer with the judges on 
the subject. Messrs. Parker, Wright, and Ellis, committee. 

On motion, the meeting adjourned until Friday evening, at 7 o'clock. 


True copy from the minutes : 



A.D. 1849. JUNE 4. 


[Executive Document No. 17, House of Rep., 1st Session, 31st Congress, page 773.] 

To the People of the District of San Francisco. 

Whereas, proof has been laid before me that a body of men styling themselves 
" the Legislative Assembly of the District of San Francisco," have usurped pow- 
ers which are vested only in the Congress of the United States, by making laws, 
creating and filling offices, imposing and collecting taxes, without the authority 
of law, and in violation of the Constitution of the United States, and of the 
late treaty with Mexico : Now, therefore, all persons are warned not to coun- 
tenance said illegal and unauthorized body, either by paying taxes or by sup- 
porting or abetting their officers. 

And, whereas, due proof has been received that a person assuming the title of 
sheriff, under the authority of one claiming to be a justice of the peace in the 
town of San Francisco, did, on the 31st of May Jast, with an armed party, 
violently enter the office of the 1st Alcalde of the District of San Francisco, and 
there forcibly take and carry away the public records of said district from the 
legal custody and keeping of said 1st Alcalde : Now, therefore, all good citizens 
are called upon to assist in restoring said records to their lawful keeper, and in 
sustaining the legally-constituted authorities of the land. 

The office of justice of the peace in California, even where regularly consti- 
tuted and legally filled, is subordinate to that of Alcalde ; and for one holding 


such office to assume the control of, and authority over, a superior tribunal, 
argues an utter ignorance of the laws, or a willful desire to violate them, and to 
disturb the public tranquility. It is believed, however, that such persons have 
been led into the commission of this rash act through the impulse of the moment, 
rather than any willful and settled design to transgress the law ; and it is hoped 
that on due reflection they will be convinced of their error, and unite with all 
good citizens in repairing the violence they have done to the laws. It can 
hardly be possible that intelligent and thinking men should be so blinded by 
passion, and so unmindful of their own interests and the security of their prop- 
erty, after the salutary and disinterested advice and warnings which have been 
given them by the President of the United States, by the Secretaries of State 
and of War, and by men of high integrity and disinterested motives, as to coun- 
tenance and support any illegally constituted body in their open violation of the 
laws, and assumption of authority which in no possible event could ever belong 
to them. 

The office of alcalde is one established by law, and all officers of the United 
States have been ordered by the President to recognize and support the legal 
authority of the person holding such office ; and whatever feelings of prejudice 
or personal dislike may exist against the individual holding such office, the office 
itself should be sacred. For any incompetency or mal-administration, the law 
affords abundant means of remedy and punishment means which the Executive 
will always be found ready and willing to employ, to the full extent of the 
powers in him vested. 

Given at Monterey, California, this 4th day of June, in the year of our Lord 

Brevet Brig.-Gen. U. S. A., and Governor of California. 

Official : 


Brevet Captain, and Secretary of State. 

No. LXXV. 

A.D. 1849. JUNE OTH. 


[Executive Document No. 18, House of Rep. 1st Sess. 31st Congress, page 774.] 

Monterey, June 5, 1849. 

GENTLEMEN : I am directed to send you the enclosed appointment as judges 
and inspectors, to give notice and hold a special election for filling certain vacan- 
cies in the district and town of San Francisco. 

The growing importance of your town, and the immense amount of business 
transacted there, render it important for the security of property and of the 
rights of citizens, that it should not be kept without regular and legally-consti- 
tuted officers for the administration of justice, and the management of the 
affairs of your Municipality. It is therefore hoped that an election will be held, 
with no more delay than may be necessary in order to have the notice generally 
known in the town and district. 


It is the opinion of all eminent legal authorities which have been consulted, 
that all laws of California which existed at the time this country was annexed 
to the United States, and which are not inconsistent with the Constitution, laws, 
and treaties of the United States, are still in force, and must continue in force 
till changed by competent authority. The powers and duties of all civil officers 
in California, except so far as they may have been modified by the act of an- 
nexation, are therefore the same as they were previous to the conquest of the 
country. As the laws touching the subject of Town Councils (Ayuntamientos) 
may not be of convenient reference, I am directed to subjoin a few of their pro- 
visions. The number of members for each town cannot exceed 6 alcaldes, 12 
council men (regidores), 1 collector, and 2 treasurers, (or 2 syndicos ;) to change, 
however, from their number previously established, requires the assent of the 
Governor. For the town of San Francisco, such assent is hereby given for any 
number not exceeding the provisions of the law. 

The council is charged with the police and good order of the town, the con- 
struction of roads, the laying out, lighting, and paving of streets, the construc- 
tion and repair of bridges, the removal of nuisances, the establishment of public 
burying grounds, the building of jails, the support of town paupers, the grant- 
ing of town licenses, the examination of weights and measures, the levying of 
municipal taxes, and the management and disposition of all municipal property. 
The council appoints its own secretary, who, as well as the members, before en- 
tering upon their respective duties, must take the usual oath of office. Each 
member of the Council is bound to assist the alcaldes in executing the laws, and 
is individually liable for any mal-administration of the municipal funds, provided 
he voted for such mal-administration. A full account of the receipts and ex- 
penditures of the council must be kept, and at the end of each year submitted 
to the prefect or sub-prefect of the district, who, after his examination, will 
transmit them to the Governor, for file in the government archives. In case of 
the death or removal of any member of the council, the vacancy may be sup- 
plied by a special election ; but if such vacancy occur within three months of 
the close of the year, it will not be filled till the regular annnal election. In 
case of the suspension of the members of the council, those of the preceding 
year may be reinstated, with their full powers. 

As questions are frequently asked respecting town lots, I am directed to say 
that the most recent law on the subject, that can be found in the government 
archives, gives to the council (ayuntamiento) power to sell out in building lots 
(solares) the municipal lands (propios) which have been regularly granted to 
the town ; but the common lands (egidos) so granted cannot be sold without 
special authority. All public lands without the limits of the town form a part 
of the public domain, and can be disposed of only by authority of Congress. 

The laws require that the results of elections be transmitted to the Governor 
for his approval and placed on file in this office. This is not always a useless 
form, for in some cases it is necessary to accompany legal papers with certificates 
of the Governor or Secretary of State that certain officers have been duly elected 
and qualified which certificates cannot be given unless the requisite evidence of 
election is deposited in the government archives. 

By order of Governor Riley : 

Brevet Captain, and Secretary of State. 

Messrs. R. A. Parker, Frederick Billings, John Servine, W. S. Clark. Stephen 
Harris, B. K. Buckalew, William H. Tillinghurst, A. J. Grayson, J. P. 
Haven, San Francisco. 




Comparative Table of the Population of the Pueblo of San Francisco and of 
the Mission of Dolores. 


A. D. 

















* 355 











f 315 











J 542 
















H 1842 




|| 1842 






ft .-. 




California Archives, State Papers, Vol. II Missions, page 35. 

t ' " " III " " 278. 

t " IV " " 372. 

" " " V " " 297. 

IT Census of San Francisco, A. D. 1842, ADDENDA, No. LV, page 78. 

|| 1 DeMofras, page 318. 

** 1 DeMofras, page 320. ADDENDA, No. LXVII, page 97. 

ft ADDENDA, No. LV, page 78. There were only 37 Neophytes. 




It will be convenient to have in a complete form a list of the early officers 
of San Francisco, with the dates of their terms of service. The following list 
is one prepared by James W. Bingham, Esq. the present City Clerk. 

On the third of November, 1834, the Departmental Legislature of California 
passed an act authorizing the election of an Ayuntamiento in San Francisco ; 
in pursuance of which, Francisco De Haro was elected First Alcalde. 

The second election took place November 27th, 1835, when Jose Joaquin 
Estudillo was elected First Alcalde. The succeeding Alcaldes under Mexican 
authority (but who, in many instances, were Justices of the Peace exercising 
the functions of Alcaldes) were : 

Francisco Guerrero 1836. 

Y. Martinez 1837. 

Francisco De Haro 1838. 

* Francisco De Haro 1839. 

Francisco Guerrero 1840. 

Francisco Guerrero 1841. 

Francisco Guerrero j 1842. 

Jesus Noe ( 1842. 

Francisco Sanches 1843. 

Guillermo Hinkley 1844. 

Juan N. Padilla f 1845. 

Jesus De la Caz Sanchez ( 1845. 

Jose De Jesus Noe 1846. 

On the eighth day of July, 1846, San Francisco was formally taken posses- 
sion of by Captain John B. Montgomery, commanding the United States sloop 
of war " Portsmouth," by whom Lieut. Washington A. Bartlett was appointed 
Chief Magistrate, or Alcalde, which appointment was subsequently ratified by 
a formal election by citizens. Mr. Bartlett held the office, with a brief interval, 
until February, 1847. His successors were : 

Edwin Bryant .February 22d to June, 1847. 

George Hyde June, 1847, to April, 1848. 

J. Townsend April to September, 1848. 

T. M. Leavenworth September, 1848, to August, 1849. 

John W. Geary August, 1840, to May, 1850, 

The two Ayuntamientos immediately preceding the incorporation of the city 
were composed as follows : 

* NOTE. The first official survey of the vicinity of the landing, or water front, appears 
to have been made in 1836, by Capt. John Voiget, by direction of the then Alcalde, and 
included that portion of the present city lying between Montgomery, Pacific, Dupont and 
Sacramento streets; Montgomery Street being the then water front. 



AUGUST GTH, 1849, TO JANUARY 10th, 1850. 

Horace Hawes, Prefect. 

Joseph E. Curtis, ) Sub _ PrefectSt 

Francisco Guerrero, f 

John W. Geary, First Alcalde, 

Frank Turk, Second Alcalde. 

Thos. B. Winston, 
Samuel Brannan, 
Alfred J. Ellis, 
Wm. H. Davis, 

Samuel Brannan, 
Alfred J. Ellis, 
Hugh 0. Murray, 
Jas. S. Graham, 


Wm. M. Stewart, 
Henry A. Harrison, 
Bezer Simmons, 
Gabriel B. Post. 

Eodman M. Price, 
Stephen R. Harris, 
John Townsend, 
Talbot H. Green. 


John W. Geary, First Alcalde. 
Frank Turk, Second Alcalde. 


Wm. H. Davis, 
Wm. M. Stewart, 
F. C. Gray, 
Jas. Hagan, 

Jonathan Cade, Sergeant-at-Arms. 

Mathew Crooks, 
A. M. Yan Nostrand, 
Frank Tilford, 
Talbot H. Green. 
Henry L. Dodge, Secretary. 





of Grant. 

By whom signed. 



Description, etc. 

June 2 
July 8 
Mar. 14 
Nov. 8 
Dec. 7 
Mar. 30 
Dec. 1 
Jan. 18 
April 18 
Dec. 1 
Jan. 15 
Aug. 4 
Nov. 18 
Mar. 8 
May 1 
Oct. 12 
July 3 
Aug. 15 
Oct. 15 
Nov. 15 
Dec. 15 
Dec. 15 
Mar. 10 
April 1 
July 12 

Estudillo, Alcalde . . 
<t K 

Martinez, Alcalde . . 
(( tt 

DeHaro, Alcalde.. 
K ft 


Guerrero, J. de P. . . 

<e tt 
it (i 
( tt 
< (t 
t tt 
( ft 
t ti 
( tt 

Sanchez, J. de P. . . 
a tt 

tt tt 
ft tt 

tt tt 
tt tt 

W. A. Richardson.. 
J. P. Leese 

J. Fuller 











No. In Yerba Buena 
No. 56 " 

No. 24 " 
No. 76 " 
No. ? 

No. 49 " 

No. 49 

No. ? " 
No. ? 
No. 19 

No. 18 

No. 7 
No. 3 
No. 50 " 
No. 23 " 
Back Leese house " 
In Yerba Buena 

At Dolores 



No. 21 Yerba Buena 
No. 20 " 
M. Dolores 

No. 55 In Yerba Buena 
No. 31 
No. 51 
No. 32 " 
No. 33 
Nos.49, 30 " 
No. 16 
In Dolores 
No. 15 In Yerba Buena 
No. 4 
No. 154 " 
No. In Yerba Buena 
No. 53 
No. 54 
No. 35 " 

No. 26 " 

No. 139 " 

F. Sanchez 
J. Feil 

F. Casares 

W. Gulnac 

S. Vallejo 

J. Pena 
W. Hinckley 

J. C.Davis 

J. P. Leese.. 
J. A. Vallejo . . 

j Vioget 

J. Violet 

L. Galindo 

F. Gomez 

W. Hinckley 

G. Allen 

P. Sherback 

C. Moreno 

V. Miramontes 

F. DeHaro 

J. Noe 

tt tt 

tt tt 

t tt 
t ft 
t tt 

D. Felis 
J. Bautista 

W. A. Leisdesdorff. 

D. Felis 

t ft 
t ft 
tt tt 

Sanchez, J. de P. . . 
ft tt 

ft tt 
tt tt 

Hinckley, Alcalde.. 
ft ft 

tt tt 

G. Escolante. . 

F. Guerrero 

T. Malla 

H. Bee 

J. Castaneda 

T. Maya 

J. Martin. 

C. W. Fluge 
J. Briones 

R. Ridley . 



of Grant. 

By whom signed. 



Description, etc. 

July 12 
Nov. 13 
Dec. 1 
April 9 
May 3 
Aug. 10 
Oct. 20 
Nov. 25 
Dec. 4 
April 2 
May 14 
June '\ 

Hinckley, Alcalde. . 

t< tf 
ft ft 
ft K 
n tt 
tf K 
ft n 
tt ft 
tt tt 

Padilla, Alcalde.... 
x tt 

tt tt 
ft tt 
tt tt 

C. Sanchez, Alcalde. 




ft ft 

Noe J de P 

J. R. Berry 
B. Bias & J. P. Mesa 
C. Glien 
E. T.Bale 
J. Rose 
A. A. Andrews .... 




No. 138 Yerba Buena 
No. 17 
No. 7 
No. 136 " 
No. 83 
No. 104 
No. 84 
No. 37 
No. 58 
No. 134 " 
No. 59 

No. 174 " 
No. 66 
No. 161 
No. 44 
No. 86 
No. 25 
No " 

E S Bernal 

F. P. Dedmund 

W Richardson. . . . 

R. Haro.... 
T. Smith 

J. Pena 
E. Sota 
L. Pena 
F Sanchez 

F Le Page 

W. Fisher 

No. 61 
No. " 

No 74 " 

P Estrada 

M Pedrorena . . 

S. Smith 

No. " 

G Briones 

No. 5 " 

In San Francisco 
No. In Yerba Buena 
Nos. 183, 184 " 
No. 22 " 
No. 189 " 
No. 27 
No. 140 
No. 195 
No. 191 
No. 8 " 
No. " 
No. 190 
No. 52 " 
No. 6 " 
No. 196 
No. 273 " 
No. 62 " 
No. 63 
No. 60 " 

R. T. Ridley 

W. Leidesdorff.... 
J A Forbes. 

Sanchez, J. de P. . . 
Noe J de P 

H Fitch 


W. Hinckley 

ft tt 

tt ft 

E. Grimes 

tt ft 

M Fernandez .... . 

n f 
ft t 

if t 

W. Hinckley 

tt , t 

L Galindo. . 

tt t 
tt tt 
tt it 
tt tt 
tt n 
tt tt 
tt tt 

S. Smith 

J. M. S. Maria 
M. E. Mclntosh.... 
D. Garcia 

F. Hoen 
J. Allig 
J. Yuvain 




From the First Spanish Governor on Record to 1849. 

1. SPANISH GOVERNORS. 1767-1822. 

1. Caspar de Portala from 1767 to 1771 

2. Felipe Barri from 1771 to Dec. 1774 

3. Felipe de Neve from Dec. 1774 to Sept. 1782 

4. Pedro Fajes from Sept. 1782 to Sept. 1790 

5. Jose' Antonio Romeu from Sept. 1790 to April, 1792 

6. Jose' Joaquin de Arrillaga from April, 1792 to May, 1794 

7. Diego de Borica from May, 1794 to 1800 

8. Jose Joaquin de Arrillaga from 1800 to 1814 

9. Jose' Arguello from 1814 to 1815 

10. Pablo Vincente de Sola from 1815 to Nov. 1822 

2. MEXICAN GOVERNORS. 1822-1846. 

1. Pablo Vincente de Sola from Nov. 1822 to 1823 

2. Luis Arguello from 1823 to June, 1825 

3. Jose' Maria de Echeandia from June, 1825 to Jan'y, 1831 

4. Manuel Victoria from Jan'y, 1831 to Jan'y, 1832 

5. Pio Pico from Jan'y, 1832 to Jan'y, 1833 

6. Jose Figueroa from Jan'y, 1833 to Aug. 1835 

7. Jose' Castro from Aug. 1835 to Jan'y, 1836 

8. Nicolas Gutierrez from Jan'y, 1836 to May, 1836 

9. Mariano Ciiico from May, 1836 to 1836 

10. Nicolas Gutierrez from 1836 to 1836 

11. Juan B. Alvarado from 1836 to Dec. 1842 

12. Manuel Micheltorena from Dec. 1842 to Feb. 1845 

13. Pio Pico from Feb. 1845 to July, 1846 


1. COMMODORE JOHN D. SLOAT hoisted the American flag at Monterey July, 
7th, 1846, and, by proclamation, took formal possession of California in the name 
of the United States Government. 

2. COMMODORE ROBERT F. STOCKTON. Proclamation dated at Los Angeles, 
August 17th, 1846. 

3. COLONEL JOHN C. FREMONT. Appointed by Commodore Stockton Jan- 
uary, 1847. 

4. GENERAL STEPHEN W. KEARNEY. Proclamation dated at Monterey, March 
1st, 1847. 

5. COLONEL RICHARD B. MASON. Proclamation dated at Monterey, May 
31st, 1847. 

6. GENERAL BENNET RILEY. Became Military Governor April 13th, 1849. 

The treaty ceding California and New Mexico to the United States was dated 
at the City of Guadalupe Hidalgo, February 2d, 1848 ; exchanged at Queretaro, 
May 30th, 1848 ; ratified by the President, March 16th, 1848; and proclaimed by 
the President, July 4th, 1848. The State Constitution adopted November, 1849 ; 
went into effect December 15th, 1849.